Act on Building Unit Ownership

Cases concerning the judicial decisions set forth in the following items are subject to the jurisdiction of the district court with jurisdiction in the locality of the thing specified in the relevant item:

a judicial decision under the provisions of Article 38-2, paragraph (1): the building to which the judicial decision relates;

a judicial decision under the provisions of Article 38-2, paragraph (1) as applied mutatis mutandis pursuant to Article 66 and Article 79: the land or attached facilities to which the judicial decision relates; and

a judicial decision under the provisions of Article 38-2, paragraph (1) as applied mutatis mutandis pursuant to Article 73: the grounds of the building or attached facilities to which the judicial decision relates.

The court may not make the judicial decision referred to in the preceding paragraph unless it has given public notice of the following matters and the period referred to in item (ii) has elapsed. In such a case, the period referred to in that item may not be less than one month.

that a petition for the judicial decision referred to in the preceding paragraph has been filed with regard to the thing specified in the relevant item of that paragraph;

that if there is any objection to the court making the judicial decision referred to in the preceding paragraph, the following persons should file a notification to that effect within a certain period of time:

an unknown or missing unit owner prescribed in Article 38-2, paragraph (1);

an unknown or missing owner of buildings in a housing complex or an unknown or missing owner of buildings in a housing complex, etc. prescribed in Article 38-2, paragraph (1) as applied mutatis mutandis pursuant to Article 66 or Article 79 following the deemed replacement of terms; and

an unknown or missing co-owner of the grounds, etc. prescribed in Article 38-2, paragraph (1) as applied mutatis mutandis pursuant to Article 73 following the deemed replacement of terms;

that if there is no notification referred to in the preceding item, the judicial decision referred to in the preceding paragraph will be made.

The judicial decision referred to in paragraph (1) does not become effective unless it becomes final and binding.

The judicial decision referred to in paragraph (1) need not be notified to the persons set forth in paragraph (2), item (ii), (a) through (c).

If the owner of the thing specified in the relevant item of paragraph (1) (including a person who holds a share of co-ownership in it) and their whereabouts have become known, the court must revoke the judicial decision referred to in that paragraph upon petition by an interested person.

Only an interested person may file an immediate appeal against the judicial decision referred to in paragraph (1) and against a judicial decision on revocation under the provisions of the preceding paragraph.

Non-contentious cases under the provisions of Chapter I, Section 6 are subject to the jurisdiction of the district court with jurisdiction in the locality of the exclusively-owned area to which the matter for which a judicial decision is sought relates.

The court may not issue an order for management of an exclusively-owned area with an unknown owner unless it has given public notice of the following matters and the period referred to in item (ii) has elapsed. In such a case, the period referred to in that item may not be less than one month.

that a petition for an order for management of an exclusively-owned area with an unknown owner has been filed with regard to the exclusively-owned area or share of co-ownership that is to be subject to it;

that if there is any objection to the issuance of an order for management of an exclusively-owned area with an unknown owner, the person who holds the exclusively-owned area or share of co-ownership that is to be subject to the order for management of an exclusively-owned area with an unknown owner should file a notification to that effect within a certain period of time; and

that if there is no notification referred to in the preceding item, an order for management of an exclusively-owned area with an unknown owner will be issued.

In filing a petition for permission referred to in Article 46-3, paragraph (2) or Article 46-6, paragraph (2), the petitioner must make a prima facie showing of the reasons for seeking the permission.

When making a judicial decision on dismissal under the provisions of Article 46-6, paragraph (1) or a judicial decision fixing the amount of expenses or remuneration under the provisions of Article 46-7, paragraph (1), the court must hear the statement of the administrator of an exclusively-owned area with an unknown owner.

Reasons must be given for the following judicial decisions:

a judicial decision dismissing a petition for an order for management of an exclusively-owned area with an unknown owner;

a judicial decision dismissing a petition for permission referred to in Article 46-3, paragraph (2) or Article 46-6, paragraph (2); and

a judicial decision on a petition for dismissal under the provisions of Article 46-6, paragraph (1).

If an order for management of an exclusively-owned area with an unknown owner has been issued, a court clerk must, on their own authority and without delay, commission the registration of the order for management of an exclusively-owned area with an unknown owner with regard to the exclusively-owned area or share of co-ownership that has been made subject to the order for management of an exclusively-owned area with an unknown owner.

If a judicial decision revoking an order for management of an exclusively-owned area with an unknown owner has been made, a court clerk must, on their own authority and without delay, commission the cancellation of the registration of the order for management of an exclusively-owned area with an unknown owner.

If money has arisen from the management or disposition of, or any other cause related to, the exclusively-owned area or share of co-ownership that has been made subject to an order for management of an exclusively-owned area with an unknown owner, as well as the movables, the rights related to the common areas and attached facilities, and the right to use the grounds to which the effect of the order for management of an exclusively-owned area with an unknown owner extends, the administrator of an exclusively-owned area with an unknown owner may deposit that money with a deposit office in the locality of the exclusively-owned area that has been made subject to the order for management of an exclusively-owned area with an unknown owner (or, if the order for management of an exclusively-owned area with an unknown owner was issued with respect to a share of co-ownership, the exclusively-owned area that is the property in co-ownership), for the unit owner of that exclusively-owned area or the person who holds that share of co-ownership. In such a case, having made the deposit, the administrator of an exclusively-owned area with an unknown owner must give public notice to that effect and of other matters specified by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order.

The court may change or revoke an order for management of an exclusively-owned area with an unknown owner.

If there ceases to be any property to be managed (including if all of the property to be managed has been deposited) or if it otherwise ceases to be appropriate to continue the management of the property, the court must revoke the order for management of an exclusively-owned area with an unknown owner upon petition by the administrator of an exclusively-owned area with an unknown owner or petition by an interested person, or by its own authority.

If the owner of the exclusively-owned area, etc. with an unknown owner (including a person who holds a share of co-ownership in it; hereinafter the same applies in this Article) has proved that the ownership of the exclusively-owned area, etc. with an unknown owner (including a share of co-ownership in it) belongs to them, the court must revoke the order for management of an exclusively-owned area with an unknown owner upon petition by that owner. In such a case, if the order for management of an exclusively-owned area with an unknown owner has been revoked, the administrator of an exclusively-owned area with an unknown owner must report to that owner on the progress and results of the administrator's affairs and must deliver to that owner the property that has been proved to belong to that owner.

An order for management of an exclusively-owned area with an unknown owner and a judicial decision changing it need not be notified to the owner of the exclusively-owned area, etc. with an unknown owner.

It is sufficient to notify the owner of the exclusively-owned area, etc. with an unknown owner of a judicial decision revoking an order for management of an exclusively-owned area with an unknown owner only if that owner and their whereabouts are known from the records of the case.

Only the persons specified in the following items may file an immediate appeal against the judicial decisions set forth in the respective items:

an order for management of an exclusively-owned area with an unknown owner: an interested person;

a judicial decision on dismissal under the provisions of Article 46-6, paragraph (1): an interested person;

a judicial decision fixing the amount of expenses or remuneration under the provisions of Article 46-7, paragraph (1): the administrator of an exclusively-owned area with an unknown owner; and

a judicial decision on change or revocation under the provisions of paragraphs (9) through (11): an interested person.

No appeal may be entered against the following judicial decisions:

a judicial decision on the appointment of an administrator of an exclusively-owned area with an unknown owner under the provisions of Article 46-2, paragraph (4); and

a judicial decision granting permission referred to in Article 46-3, paragraph (2) or Article 46-6, paragraph (2).