Article 262-3Transfer of Ownership Share of Co-owner Whose Whereabouts Are Unknown
第二百六十二条の三(所在等不明共有者の持分の譲渡)
When immovables belong to several co-owners, if a co-owner is unable to ascertain the identity of another co-owner or to ascertain another co-owner's whereabouts, the court may, at the request of a co-owner, render a judicial decision to the effect that the co-owner is granted the authority to transfer the ownership share of the other co-owner in question (referred to as "co-owner whose whereabouts are unknown" in this Article below) to a specific person on the condition that all of the co-owners other than the co-owner whose whereabouts are unknown transfer all of their ownership shares to the specific person.
不動産が数人の共有に属する場合において、共有者が他の共有者を知ることができず、又はその所在を知ることができないときは、裁判所は、共有者の請求により、その共有者に、当該他の共有者(以下この条において「所在等不明共有者」という。)以外の共有者の全員が特定の者に対してその有する持分の全部を譲渡することを停止条件として所在等不明共有者の持分を当該特定の者に譲渡する権限を付与する旨の裁判をすることができる。
If an ownership share of a co-owner whose whereabouts are unknown belongs to inherited property (limited to cases where the inheritance should be divided among joint heirs), the court may not render the judicial decision referred to in the preceding paragraph if ten years have not yet passed from the time of commencement of the inheritance.
If a co-owner has transferred the ownership share of a co-owner whose whereabouts are unknown to a third party based on the authority granted by the judicial decision stated in paragraph (1), the co-owner whose whereabouts are unknown is entitled to demand from the co-owner who made the transfer payment the amount obtained by proportionally dividing the amount equivalent to the market value of the immovables according to the ownership share of the co-owner whose whereabouts are unknown.
The provisions of the preceding three paragraphs apply mutatis mutandis to cases where a right to use or earn profits from immovables (excluding the right of ownership) belongs to several co-owners.
前三項の規定は、不動産の使用又は収益をする権利(所有権を除く。)が数人の共有に属する場合について準用する。