Supplementary Provisions, Article 5Division of a Former Revolving Mortgage for Which Registration of an Increase of the Maximum Amount Has Been Made Otherwise Than by Annotation
第五条（附記によらない極度額の増額の登記がある旧根抵当権の分割）
With regard to a former revolving mortgage for which registration of an increase of the maximum amount has been made otherwise than by annotation, only before the principal is fixed, by agreement between the revolving mortgagee and the mortgagor of the revolving mortgage, the former revolving mortgage may be divided and the portion pertaining to the increase may be made an independent revolving mortgage under the provisions of the New Act. In this case, rights whose object is the former revolving mortgage are extinguished with respect to the portion pertaining to the increase.
When a division under the preceding paragraph is effected, the approval of the persons holding rights whose object is the portion pertaining to the increase and of other persons having an interest must be obtained.
前項の規定による分割をする場合には、増額に係る部分を目的とする権利を有する者その他の利害の関係を有する者の承諾を得なければならない。