Article 8Termination Due to Loss of Buildings After Renewal of Land Lease Contracts
第八条(借地契約の更新後の建物の滅失による解約等)
If the buildings are lost after the contract has been renewed, the land leasehold right holder may waive the superficies or give a notice of termination of the land lease.
契約の更新の後に建物の滅失があった場合においては、借地権者は、地上権の放棄又は土地の賃貸借の解約の申入れをすることができる。
In the case prescribed in the preceding paragraph, if the land leasehold right holder has constructed a building that is to last past the remaining period of existence without receiving the consent of the lessor, the lessor may request the extinction of superficies or give a notice of termination of the land lease.
In the case referred to in the preceding two paragraphs, the land leasehold right is extinguished when three months have passed from the day the waiver of the superficies or the request for extinction of superficies, or the notice of termination of the land lease was made.
The right to waive the superficies or to give a notice of termination of the land lease provided for in paragraph (1) may be restricted only if the right to request the extinction of superficies or to give a notice of termination of the land lease provided for in paragraph (2) is restricted.
If a land sublease right has been established, building construction that the land sublease right holder undertakes is deemed to be building construction that the land leasehold right holder undertakes, and the provisions of paragraph (2) apply to the relationship between the land leasehold right holder and the lessor.