Act on Building Unit Ownership

Non-contentious cases under the provisions of Chapter I, Section 7 are subject to the jurisdiction of the district court with jurisdiction in the locality of the exclusively-owned area or common area to which the matter for which a judicial decision is sought relates.

In filing a petition for permission referred to in Article 46-9, paragraph (3) or Article 46-11, paragraph (2), the petitioner must make a prima facie showing of the reasons for seeking the permission.

When making the judicial decisions set forth in the following items, the court must hear the statements of the persons specified in the respective items; provided, however, that this does not apply if, in making the judicial decision set forth in item (i), there are circumstances in which going through the procedure for hearing the statement would prevent the purpose of the petition for that judicial decision from being achieved:

an order for management of a poorly managed exclusively-owned area: the unit owner of the exclusively-owned area that is to be subject to the order for management of a poorly managed exclusively-owned area;

a judicial decision granting permission referred to in Article 46-9, paragraph (3): the unit owner of the exclusively-owned area that has been made subject to the order for management of a poorly managed exclusively-owned area;

a judicial decision on dismissal under the provisions of Article 46-11, paragraph (1): the administrator of a poorly managed exclusively-owned area;

a judicial decision fixing the amount of expenses under the provisions of Article 46-12, paragraph (1): the administrator of a poorly managed exclusively-owned area; and

a judicial decision fixing the amount of remuneration under the provisions of Article 46-12, paragraph (1): the administrator of a poorly managed exclusively-owned area and the unit owner of the exclusively-owned area that has been made subject to the order for management of a poorly managed exclusively-owned area.

Reasons must be given for the following judicial decisions:

a judicial decision on a petition for an order for management of a poorly managed exclusively-owned area;

a judicial decision on a petition for permission referred to in Article 46-9, paragraph (3);

a judicial decision on a petition for dismissal under the provisions of Article 46-11, paragraph (1); and

a judicial decision dismissing a petition for permission referred to in Article 46-11, paragraph (2).

If money has arisen from the management or disposition of, or any other cause related to, the exclusively-owned area that has been made subject to an order for management of a poorly managed exclusively-owned area, 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 a poorly managed exclusively-owned area extends, the administrator of a poorly managed exclusively-owned area 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 a poorly managed exclusively-owned area, for the unit owner of the exclusively-owned area (including a person who holds a share of co-ownership in it). In such a case, having made the deposit, the administrator of a poorly managed exclusively-owned area 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 a poorly managed exclusively-owned area.

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 a poorly managed exclusively-owned area upon petition by the administrator of a poorly managed exclusively-owned area or petition by an interested person, or by its own authority.

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 a poorly managed exclusively-owned area: an interested person;

a judicial decision granting permission referred to in Article 46-9, paragraph (3): the unit owner of the exclusively-owned area that has been made subject to the order for management of a poorly managed exclusively-owned area;

a judicial decision on dismissal under the provisions of Article 46-11, paragraph (1): an interested person;

a judicial decision fixing the amount of expenses under the provisions of Article 46-12, paragraph (1): the administrator of a poorly managed exclusively-owned area;

a judicial decision fixing the amount of remuneration under the provisions of Article 46-12, paragraph (1): the administrator of a poorly managed exclusively-owned area and the unit owner of the exclusively-owned area that has been made subject to the order for management of a poorly managed exclusively-owned area; and

a judicial decision on change or revocation under the provisions of the preceding two paragraphs: an interested person.

No appeal may be entered against the following judicial decisions:

a judicial decision on the appointment of an administrator of a poorly managed exclusively-owned area under the provisions of Article 46-8, paragraph (3); and

a judicial decision granting permission referred to in Article 46-11, paragraph (2).

The provisions of paragraph (2) through the preceding paragraph apply mutatis mutandis to an order for management of a poorly managed common area and an administrator of a poorly managed common area. In such a case, the phrase "Article 46-9, paragraph (3)" in paragraph (2), paragraph (3), item (ii), paragraph (4), item (ii), and paragraph (8), item (ii) is deemed to be replaced with "Article 46-9, paragraph (3) as applied mutatis mutandis pursuant to Article 46-14"; in paragraph (3), items (i), (ii), and (v), paragraph (5), and paragraph (8), items (ii) and (v), the phrase "of the exclusively-owned area" is deemed to be replaced with "of the common area", and the term "unit owner" with "owner"; the phrase "Article 46-11, paragraph (1)" in paragraph (3), item (iii), paragraph (4), item (iii), and paragraph (8), item (iii) is deemed to be replaced with "Article 46-11, paragraph (1) as applied mutatis mutandis pursuant to Article 46-14"; the phrase "Article 46-12, paragraph (1)" in paragraph (3), items (iv) and (v) and paragraph (8), items (iv) and (v) is deemed to be replaced with "Article 46-12, paragraph (1) as applied mutatis mutandis pursuant to Article 46-14"; the phrase "Article 46-11, paragraph (2)" in paragraph (4), item (iv) and item (ii) of the preceding paragraph is deemed to be replaced with "Article 46-11, paragraph (2) as applied mutatis mutandis pursuant to Article 46-14"; in paragraph (5), the phrase "the exclusively-owned area that has been made subject to an order for management of a poorly managed exclusively-owned area, as well as" is deemed to be replaced with "the common area that has been made subject to an order for management of a poorly managed common area and", and the phrase "the movables, the rights related to the common areas and attached facilities, and the right to use the grounds" with "the movables"; and the phrase "Article 46-8, paragraph (3)" in item (i) of the preceding paragraph is deemed to be replaced with "Article 46-13, paragraph (3)".

The provisions of Article 40 of the Non-Contentious Case Procedures Act (Act No. 51 of 2011) do not apply to cases concerning a judicial decision under the provisions of Article 38-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 66, Article 73, and Article 79).

The provisions of Article 40 and Article 57, paragraph (2), item (ii) of the Non-Contentious Case Procedures Act do not apply to non-contentious cases under the provisions of Chapter I, Sections 6 and 7.

Beyond what is provided for in this Chapter, the necessary matters concerning judicial proceedings for cases concerning a judicial decision under the provisions of Article 38-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 66, Article 73, and Article 79) and for non-contentious cases under the provisions of Chapter I, Sections 6 and 7 are specified by Supreme Court Rules.