If the land leasehold right holder intends to transfer building on the land that is the object of right of lease to a third party, and the lessor does not consent to the transfer or sublease of the right of lease, notwithstanding the fact that it is unlikely that the acquisition of the right of lease by the third party or the sublease of the right of lease to the third party to be disadvantageous to the lessor, the court may grant permission in lieu of the lessor's consent pursuant to the petition by a land leasehold right holder. In such a case, if it is necessary for facilitating equitable benefit between the parties, the court may order changes to the land lease terms for which the transfer or sublease of the right of lease is the condition for making the changes, or may require the payment of monetary considerations for the permission.
When making the judicial decision referred to in the preceding paragraph, the court must take into account the remaining period of the right of lease, the prior history concerning the leased land, the circumstances for requiring the transfer or sublease of the right of lease, and all other circumstances.
裁判所は、前項の裁判をするには、賃借権の残存期間、借地に関する従前の経過、賃借権の譲渡又は転貸を必要とする事情その他一切の事情を考慮しなければならない。
In the case the petition referred to in paragraph (1) is filed, if the lessor files a petition stating that they will personally accept the transfer of the building and transfer or sublease of the right of lease within the period prescribed by the court, the court may specify a reasonable consideration and sublease terms, and order the lessor to pay the consideration and obey the terms, notwithstanding the provisions of that paragraph. In that judicial decision, the court may order both parties to perform their obligations simultaneously.
If the petition referred to in paragraph (1) is withdrawn or is dismissed because it is not in accordance with the law, the petition ceases to be effective.
After the judicial decision referred to in paragraph (3) is made, the petition referred to in paragraph (1) or (3) may not be withdrawn without the agreement of the parties.
Excluding cases that the court finds that it is not particularly necessary, the court must hear the opinion of a committee of experts before making a judicial decision referred to in paragraph (1) or (3).
The provisions of the preceding paragraphs apply mutatis mutandis to the relationship between the land sublease right holder and the lessor if a land sublease right has been established; provided, however, that when the lessor files the petition referred to in paragraph (3), the consent of the land leasehold right holder must be obtained.