Where the provisions of Article 33, paragraph (1) (Capital Gains) of the Act have applied to the sublease (hereinafter in this Article referred to as "sublease") prescribed in paragraph (1) of the preceding Article of land pertaining to a land leasehold right prescribed in that paragraph (hereinafter in this Article referred to as "land leasehold right"), and a transfer of the land leasehold right pertaining to the land so subleased has taken place, for the purposes of the application of the provisions of Article 33, paragraph (1) of the Act, the acquisition cost to be deducted in calculating the amount of capital gains pertaining to that transfer is the amount obtained by deducting, from the sum of the amount required for the acquisition of the land leasehold right prescribed in paragraph (1) of the preceding Article and the amount of improvement expenses, the amount equivalent to the acquisition cost deducted pursuant to the provisions of that paragraph in calculating the amount of capital gains pertaining to that sublease.
Where a person to whom the provisions of Article 80 (Special Economic Benefits Treated as Consideration for Establishment, etc. of a Land Leasehold Right) have applied with respect to the sublease of land pertaining to a land leasehold right has repaid all or part of the amount of the loan received under paragraph (1) of that Article that was added to the amount of consideration for that sublease pursuant to the provisions of that paragraph, or has otherwise returned all or part of the special economic benefit prescribed in that paragraph, and as a result of that return there has been an increase in the value of the land leasehold right pertaining to the land so subleased, such as an increase in the royalty pertaining to that sublease or the removal of a building or structure situated on that land, the amount equivalent to the amount of the benefit returned is to be added to the sum of the amount required for the acquisition of the land leasehold right pertaining to the land so subleased and the amount of improvement expenses.
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land leasehold rightmachine translation
「借地権」
A superficies (地上権) or a lease of land (賃借権) held for the purpose of owning a building or other structure on the land.
Short name set inArticle 176, paragraph (1)· applies only in this article
land leasehold rightmachine translation
「借地権」
A superficies (地上権) or a lease of land (賃借権) held for the purpose of owning a building or other structure on the land.
Short name set inArticle 177, paragraph (1)· applies only in this article
subleasemachine translation
「転貸」
A sublease of land held under a land lease right (借地権), including any act of letting another person use that land.
Short name set inArticle 177, paragraph (1)· applies only in this article
sublease
転貸
A lessee (賃借人) letting a third party use the thing the lessee leases: subletting. A lessee may do this only with the lessor's (賃貸人) consent, and where the lessee lets a third party use the thing without it, the lessor may cancel the lease (Civil Code, Article 612). Where a thing has been sublet lawfully, the sublessee (転借人) owes duties directly to the lessor, up to what the lessee owes (Article 613, paragraph (1)). For land held in order to own a building, where the tenant wants to transfer the building to someone who would take over or sublease the land, and the landowner refuses consent although that would not put the landowner at a disadvantage, a court can, on the tenant's application, give permission in place of the landowner's consent, and may make it subject to a payment or to changed terms (Act on Land and Building Leases, Article 19, paragraph (1)). The landowner can answer by applying, within the time the court sets, to take the building and the lease, or a sublease, themselves, and the court can then order that, at a fair price and on sublease terms it sets (Article 19, paragraph (3)).
Written by AI using Civil Code, Arts. 612, 613 and Act on Land and Building Leases, Art. 19 as a reference.