Abstract
Profit Execution on Mortgaged Real Estates (Tampo Fudosan Shueki Shikko) is a method of mortgage execution which the court appoints a manager of the mortgaged real estate according to the motion of the mortgagee, and under the management of the manager appropriating the income from the utilization of the mortgaged real estate such as lease income to the obligation-right secured by the mortgage. In this paper, firstly I will overview the purpose and process of enactment of this new method of execution against the background of the recent situation of Japanese economy including the collapse of the so-called Bubble Economy and also the un-performing loan problem. Secondly, I will examine the matters that require attention of this method of execution by introducing the case which my law firm actually handled, which was also the first case before the Tokyo District Court utilizing this method. Finally, I will consider the prospect of this method of execution based on the actual situation of its utilization.
