Act on Land and Building Leases

When the special agreement referred to in the first sentence of the preceding paragraph is made by an electronic or magnetic record (meaning a record created in an electronic form, magnetic form, or any other form that cannot be perceived by human senses, which will be used for information processing by computers; the same applies in Article 38, paragraph (2) and Article 39, paragraph (3)hereinafter), the special agreement is deemed to have been made by a document and the provisions of the second sentence of the precedingthat paragraph apply.

Exclusion from (Application of the Non-Contentious Case Procedures Act and the Rules of the Supreme Court)

The provisions of Article 27, Article 40, Article 42, Article 42-2, and the second sentence of Article 63, paragraph (1) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011) do not apply to the cases referred to in the preceding Article.

Beyond what is provided for in this Act,In applying the provisions of Article 38 of the necessary matters concerning Non-Contentious Case Procedures Act to the cases referred to in the preceding Article are to be specified by , the phrase "Article 42, paragraph (1) of the Rules Non-Contentious Case Procedures Act" in that Article is replaced with "Article 51, paragraph (1) of the Supreme CourtAct on Land and Building Leases".

Beyond what is provided for in this Act, the necessary matters concerning the cases referred to in the preceding Article are to be specified by the Rules of the Supreme Court.

(Inspection, etc. of Non-Electronic or Non-Magnetic Case Records)

The parties or a third party who has made a prima facie showing of their interest may make a request to a court clerk for the inspection or copying, or issuance of an authenticated copy, transcript or extract, of a non-electronic or non-magnetic case record (meaning the part of the record of the case referred to in Article 41, excluding the electronic or for the issuance of a certificate of matters concerningmagnetic case record provided for in paragraph (1) of the case referred to following Article; the same applies in that Articlethe following paragraph).

The provisions of Article 91, paragraphs (4) and (5) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the record referred to in the preceding paragraphnon-electronic or non-magnetic case records.

(CommitteeInspection of ExpertsElectronic or Magnetic Case Records)

The committee parties or a third-party that made a prima facie showing of experts is composed their interest may make a request to the court clerk for inspection of three the content of the electronic or more membersmagnetic case records (meaning the parts of the record of the case referred to in Article 41 related to the matters recorded in a file (hereinafter simply referred to as a "file" in Article 51, paragraph (2) and Article 58, paragraph (1)) stored on a computer (including an input and output device; the same applies in the following paragraph and paragraph (3), and the following Article) used by the court pursuant to the provisions of this Act and other laws and regulations; hereinafter the same applies in this Article) displayed through the means specified by the Rules of the Supreme Court, as specified by the Rules of the Supreme Court.

The parties and a third-party that made a prima facie showing of their interest may make a request to the court designates clerk to make a copy of the members matters recorded in the electronic or magnetic case records by way of recording them in a file stored on a computer used by that person through an electronic data processing system specified by the committeeRules of experts for each case from among the Supreme Court (meaning an electronic data processing system that connects a computer used by the following persons; provided, however, that this does not preclude designating persons court and a computer used by the other party to the procedures via a telecommunications line; the same applies in the following paragraph and the following Article) or any other than those persons if it is particularly necessary:means specified by the Rules of the Supreme Court, as specified by the Rules of the Supreme Court.

persons whom the district court appoints every year from among the persons with special knowledge and experience or other appropriate persons, in advance;

persons selected by the agreement among the parties.

Travel expenses, daily allowance, and accommodation fees prescribed The parties and a third party who has made a prima facie showing of their interest may make a request to a court clerk to deliver a document stating all or part of the matters recorded in an electronic or magnetic case record in respect of which the court clerk has certified that the content of the document is the same as the matters recorded in the electronic or magnetic case record, by the means specified by the Rules of the Supreme Court, or to provide an electronic or magnetic record that has all or part of the matters recorded in respect of which the court clerk has certified that the content of the electronic or magnetic record is the same as the matters recorded in the electronic or magnetic case record, by the means specified by the Rules of the Supreme Court are paid to , by way of recording the member record in a file stored on a computer used by that person through an electronic data processing system specified by the Rules of the committee Supreme Court or any other means specified by the Rules of expertsthe Supreme Court, as specified by the Rules of the Supreme Court.

The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to the request for inspection and copying of electronic or magnetic case records under the provisions of paragraphs (1) and (2).

(SuspensionCertification of ProceedingsMatters Related to a Case)

When an action or any other The parties and a third party who has made a prima facie showing of their interest may make a request to a court clerk to deliver a document stating the matters concerning the case referred to in Article 41 which is pending concerning rights for certified by the court clerk by the land that ismeans specified by the objectRules of a land leasehold right, the Supreme Court, or to provide an electronic or magnetic record that has the matters recorded which is certified by the court may suspendclerk by the proceedings means specified by the Rules of the case referred to Supreme Court, by way of recording the record in Article 41, until a file stored on a computer used by that person through an electronic data processing system specified by the action Rules of the Supreme Court or any other means specified by the case is closedRules of the Supreme Court, as specified by the Rules of the Supreme Court.

(DismissalCommittee of Defective PetitionsExperts)

If a petition is defective and the defect cannot be corrected, the court may dismiss the petition without holding a hearingThe committee of experts is composed of three or more members.

The court designates the members of the committee of experts for each case from among the following persons; provided, however, that this does not preclude designating persons other than those persons if it is particularly necessary:

persons whom the district court appoints every year from among the persons with special knowledge and experience or other appropriate persons, in advance;

persons selected by the agreement among the parties.

Travel expenses, daily allowance, and accommodation fees prescribed by the Rules of the Supreme Court are paid to the member of the committee of experts.

(ServiceSuspension of Written PetitionsProceedings)

Except for the When an action or any other case referred to in is pending concerning rights for the preceding Articleland that is the object of a land leasehold right, the court must serve a written petitionmay suspend the proceedings of the case referred to in Article 41 on, until the other partyaction or the case is closed.

The provisions of Article 43, paragraphs (4) through (6) of the Non-Contentious Case Procedures Act apply mutatis mutandis when it is not possible to serve a written petition (including the cases in which the necessary expenses for serving a written petition are not prepaid).

(Hearing DatePetition by Means of Electronic Data Processing System)

The court must hold a hearing on provisions of Article 132-10, Article 132-11, and Article 132-12 (excluding the part related to paragraph (1), item (i)) of the Code of Civil Procedure apply mutatis mutandis to a petition and other statements in the hearing date, proceedings of the case referred to in Article 41 (referred to as a "petition, etc." in the following paragraph and hear Article 64). In such a case, the statements term "service" in Article 132-10, paragraphs (5) and (6), and Article 132-12, paragraphs (2) and (3), of that Act is deemed to be replaced by "service or sending", the partiesphrase "the proviso to Article 54, paragraph (1)" in Article 132-11, paragraph (1), item (i) is deemed to be replaced by "the proviso to Article 22, paragraph (1) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011)", the term "Article 2" in item (ii) of that paragraph is deemed to be replaced by "Article 2 of that Act as applied mutatis mutandis pursuant to Article 9", and the term "Article 133-2, paragraph (2)" in Article 132-12, paragraph (1), item (iii) of that Act is deemed to be replaced by "Article 133-2, paragraph (2) as applied mutatis mutandis pursuant to Article 64 of the Act on Land and Building Leases".

A party may attend The provisions of Article 132-13 (excluding the hearing part related to item (i)) of the Code of Civil Procedure apply mutatis mutandis to the recording in a file of the matters stated or recorded in the documents, etc. (meaning documents, papers, instruments, transcripts, extract, authenticated copy, duplicate copy of a document, duplicate copy of a bill or note, or papers or other partytangible objects on which information that can be perceived by the human senses, such as letters and shapes, is entered; hereinafter the same applies in this paragraph) (excluding the documents when a petition, etc. is filed using documents, etc.) or a storage medium that records electronic or magnetic records, submitted to the court pursuant to the provisions of this Act and other laws and regulations in the proceedings of a case referred to in Article 41. In such a case, the term "Article 133-2, paragraph (2)" in item (iii) of that Article is deemed to be replaced by "Article 133-2, paragraph (2) as applied mutatis mutandis pursuant to Article 64 of the Act on Land and Building Leases" and the term "Article 133-3, paragraph (1)" in item (iv) of that Article is deemed to be replaced by "Article 133-3, paragraph (1) as applied mutatis mutandis pursuant to Article 64 of the Act on Land and Building Leases".

(Dismissal of Petition When Prepayment of Expenses for Summons is Not MadeDefective Petitions)

If the court has ordered a petitioner to prepay the necessary expenses for summoning the parties to appear on the court date in accordance with the provisions of the Act on Costs of Civil Procedure (Act No. 40 of 1971) by specifying a reasonable period of timea petition is defective and the prepayment is not madedefect cannot be corrected, the court may dismiss the petition without holding a hearing.

(NoticeService of Investigation of FactsWritten Petitions)

If the court has investigated facts, it must give notice that an investigation was conducted toExcept for the case referred to in the preceding Article, the parties and interested party intervenors, except whencourt must serve a written petition of the court does not find itcase referred to be particularly necessary to do soin Article 41 on the other party.

The provisions of Article 43, paragraphs (4) through (6) of the Non-Contentious Case Procedures Act apply mutatis mutandis when it is not possible to serve a written petition (including the cases in which the necessary expenses for serving a written petition are not prepaid).

(Conclusion of ProceedingsHearing Date)

When concluding the proceedings, theThe court must makehold a declaration to that effect on hearing on the hearing date, and hear the datestatements of the hearingparties.

A party may attend the hearing of the other party.

Service(Dismissal of Written Judgments and Their EffectuationPetition When Prepayment of Expenses for Summons is Not Made)

When a judicial decision underIf the provisions of Article 17, paragraphs (1) through (3) or paragraph (5) (including as applied mutatis mutandis pursuantcourt has ordered a petitioner to Article 18, paragraph (3)), Article 18, paragraph (1), Article 19, paragraph (1) (including as applied mutatis mutandis pursuantprepay the necessary expenses for summoning the parties to paragraph (7) of that Article) or paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (7)appear on the court date in accordance with the provisions of that Article and Article 20, paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (5)the Act on Costs of Civil Procedure (Act No. 40 of that Article)) or Article 20, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article), has been1971) by specifying a reasonable period of time and the prepayment is not made, the written judgment must be served oncourt may dismiss the partiespetition.

The judicial decision referred to in the preceding paragraph does not become effective until it becomes final and binding.

(Supplementary Note Notice of Investigation of ReasonsFacts)

The judicial decision referred to in paragraph (1) of the preceding Article must include If the court has investigated facts, it must give notice that an investigation was conducted to the reasons for parties and interested party intervenors, except when the decisioncourt does not find it to be particularly necessary to do so.

Persons Affected by Judicial Decisions(Conclusion of Proceedings)

The judicial decision referred to in Article 55, paragraph (1) is effective for When concluding the proceedings, the parties or their successors at the timecourt must make a declaration to that is aftereffect on the final hearing date and before that judicial decision becomes final and bindingof the hearing.

(EffectService of Judicial Decisions that Order PerformanceElectronic Written Judgments and Their Effectuation)

A When a judicial decision under the provisions of Article 17, paragraphs (1) through paragraph (3) or paragraph (5) (including as applied mutatis mutandis pursuant to Article 18, paragraph (3)), Article 18, paragraph (1), Article 19, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (7) of that Article) or paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (7) of that Article and Article 20, paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article)), or Article 20, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article), has been made, the same electronic written judgment (written judgment that is provided for in Article) which orders performance, has 57, paragraph (1) of Non-Contentious Case Procedures Act and recorded in a file pursuant to the same effect as a judicial settlement concerning judicial enforcementprovisions of paragraph (3) of that Article) must be served on the parties. In such a case, the provisions of Article 255, paragraph (2) of the Code of Civil Procedure apply mutatis mutandis.

The judicial decision referred to in the preceding paragraph does not become effective until it becomes final and binding.

(Lapse of Judicial Decision Permitting Transfer or SubleasingSupplementary Note of Reasons)

The judicial decision under the provisions of Article 19,referred to in paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (7) of that Article) cease to be effective when the land leasehold right holder does not transfer the building within six months afterpreceding Article must include the judicial decision has become effective; provided, however, thatreasons for the period may be extended or shortened by a judicial decision.

Application Mutatis Mutandis of Provisions on Proceedings in the First Instance(Persons Affected by Judicial Decisions)

The provisions of Article 49, judicial decision referred to in Article 50, and Article 52 apply mutatis mutandis when an immediate appeal is filed against 58, paragraph (1) is effective for the parties or their successors at the time that is after the judicial decision referred to in Article 55, paragraph (1)final hearing date and before that judicial decision becomes final and binding.

Concealment(Effect of Domicile, Name, etc. of the PartiesJudicial Decisions that Order Performance)

The provisions of Part I, Chapter VIII ofA judicial decision under the Codeprovisions of Civil Procedure (excluding Article 133-2, paragraphs (5) and (6) and Article 133-3, paragraph (2)) apply 17, paragraph (3) or (5) (including as applied mutatis mutandis to a petition and other statements in the proceedings of the case referred to in Article 41. In such a case, the term "party" in Article 133, paragraph (1) of that Act is deemedpursuant to be replaced with "party or interested party intervenor (meaning an interested party intervenor prescribed in Article 2118, paragraph (5) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011); the same applies in3)), Article 133-4, paragraphs18, paragraph (1), (2) and (7))"; the phrase "case records, etc. (meaning case records or the records of a case pertaining to a petition for a disposition under Article 132-419, paragraph (1); hereinafter the same applies in this Chapter)" in paragraph (3) of that Article is deemed to be replaced with "the record of the case referred to in Article 41 of the Act on Land and Building Leases", and the phrase "inspection, etc. of case records, etc. (meaning inspection, etc. of case records, inspection, etc. of non-electronic or non-magnetic records of dispositions for the collection of evidence, or inspection, etc. of electronic or magnetic records of dispositions for the collection of evidence; hereinafter the same applies in this Chapter) with regard to" in that paragraph is deemed to be replaced with "inspection or copying, or issuance of a transcript or extract, of"; the phrase "inspection, etc. of case records, etc. pertaining(including as applied mutatis mutandis pursuant to" in Article 133-2, paragraph (17) of that Act is deemed to be replaced with "inspection or copying, or issuance of a transcript or extract, of"; the phrase "in the case records, etc." in Article and Article 20, paragraph (2) of that Article is deemed to be replaced with "in the record of the case referred to in Article 41 of the Act on Land and Building Leases"; the phrase "inspection, etc. of case records, etc. pertaining(including as applied mutatis mutandis pursuant to" in that paragraph and paragraph (3(5) of that Article is deemed to be replaced with "inspection or copying, issuance of an authenticated copy, transcript or extract, or reproduction, of"; the phrase "document or electronic or magnetic record stating or recording" in Article 133-3, paragraph (1) of that Act is deemed to be replaced with "document stating", the phrase "that document or electronic or magnetic record" in that paragraph is deemed to be replaced with "that document", and the phrase "or electronic or magnetic record, or any other similar document or electronic or magnetic record, inspection, etc. of case records, etc. pertaining to" in that paragraph is deemed to be replaced with "or any other similar document, inspection or copying)), or issuance of a transcript or extract, of"; the phrase "person ... case records, etc." in Article 133-420, paragraph (1) of that Act is deemed to be replaced with "party or interested party intervenor, or third party who has made a prima facie showing of their interest, ... the record of the case referred(including as applied mutatis mutandis pursuant to in Article 41 of the Act on Land and Building Leases"; the term "party" in paragraph (25) of that Article is deemed to be replaced with "party or interested party intervenor", the phrase "where the case records, etc. are kept" in that paragraph is deemed to be replaced with "where the record of the case referred to insame Article 41 of the Act on Land and Building Leases is kept", and the phrase "inspection, etc. of case records, etc." in that paragraph is deemed to be replaced with "inspection or copying, issuance of an authenticated copy, transcript or extract, or reproduction"; and) which orders performance, has the term "party" in paragraph (7) of that Article is deemed to be replaced with "party or interested party intervenor"same effect as a judicial settlement concerning judicial enforcement.

The judicial decision under the provisions of Article 19, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (7) of that Article) cease to be effective when the land leasehold right holder does not transfer the building within six months after the judicial decision has become effective; provided, however, that the period may be extended or shortened by a judicial decision.

The provisions of Article 52, Article 53, and Article 55 apply mutatis mutandis when an immediate appeal is filed against the judicial decision referred to in Article 58, paragraph (1).