Article 102Registration of Change of Trust upon Commission
第百二条(嘱託による信託の変更の登記)
If a judicial decision of dismissal of the trustee is made, a judicial decision of appointment or dismissal of a trust administrator or beneficiary's agent is made, or a judicial decision of change of a trust is made, a court clerk must commission a registry office to make a registration of change of the trust without delay by their own authority.
If the competent government agency has dismissed the trustee, appointed or dismissed a trust administrator or beneficiary's agent, or ordered the change of the trust, it must commission a registry office to make a registration of change of the trust without delay.
Article 103Application for Registration of Change of Trust
第百三条(信託の変更の登記の申請)
Beyond what is prescribed in the preceding two Articles, if there has been a change to any of the matters to be registered set forth in the items of Article 97, paragraph (1), the trustee must file an application for a registration of change of the trust without delay.
The provisions of Article 99 apply mutatis mutandis to an application for a registration of change of a trust referred to in the preceding paragraph.
Article 104Cancellation of Registration of Trust
第百四条(信託の登記の抹消)
Where a right relating to the real property that is included the trust property has ceased to be included in the trust property due to its transfer, change or extinction, an application for cancellation of the registration of the trust must be filed simultaneously with an application for a registration of transfer or registration of change of the right or for cancellation of the registration of the right.
An application for cancellation of a registration of a trust may be filed independently by the trustee.
信託の登記の抹消は、受託者が単独で申請することができる。
Article 104-2Special Provisions for Registration of Change of Right
第百四条の二(権利の変更の登記等の特則)
When a right relating to the real property that is included in the trust property of a trust has come to be included in the trust property of another trust due to the consolidation or split of the trust, an application for cancellation of a registration of trust relating to the initial trust pertaining to the right and an application for a registration of trust relating to the other trust must be filed simultaneously with an application for a registration of change of right by reason of the consolidation or split of the trust. The same applies where a right relating to the real property that is included in the trust property of a trust has come to be included in the trust property of another trust entrusted to the same trustee for reasons other than the consolidation or split of the trust.
When making a registration of change of a right in relation to the real property that is included in the trust property in each of the cases set forth in the left-hand column of the following table (excluding a registration referred to in Article 98, paragraph (3)), the person set forth in the middle column of the table is to be the person entitled to register, and the person set forth in the right-hand column of the table is to be the person obliged to register, respectively. In this case, the provisions of the main clause of Article 22 do not apply to the beneficiary (when there is a trust administrator, the trust administrator; hereinafter the same applies in this paragraph).
| (i) where a right relating to the real property that is included in the trustee's own property has come to be included in the trust property | Beneficiary | Trustee |
| (ii) where a right relating to the real property that is included in the trust property has come to be included in the trustee's own property | Trustee | Beneficiary |
| (iii) where a right relating to the real property that is included in the trust property of a trust has come to be included in the trust property of another trust | Beneficiary and trustee of another trust | Beneficiary and trustee of the initial trust |
信託財産に属する不動産についてする次の表の上欄に掲げる場合における権利の変更の登記(第九十八条第三項の登記を除く。)については、同表の中欄に掲げる者を登記権利者とし、同表の下欄に掲げる者を登記義務者とする。この場合において、受益者(信託管理人がある場合にあっては、信託管理人。以下この項において同じ。)については、第二十二条本文の規定は、適用しない。
| 一 不動産に関する権利が固有財産に属する財産から信託財産に属する財産となった場合 | 受益者 | 受託者 |
| 二 不動産に関する権利が信託財産に属する財産から固有財産に属する財産となった場合 | 受託者 | 受益者 |
| 三 不動産に関する権利が一の信託の信託財産に属する財産から他の信託の信託財産に属する財産となった場合 | 当該他の信託の受益者及び受託者 | 当該一の信託の受益者及び受託者 |
Subsection 6 Provisional Registration
第六款 仮登記
Article 105Provisional Registration
第百五条(仮登記)
A provisional registration may be made in the following cases:
仮登記は、次に掲げる場合にすることができる。
where the preservation, etc. has occurred in relation to any of the rights set forth in the items of Article 3, but it is impossible to provide the information that is required to be provided for a registry office upon filing an application for a registration pertaining to the preservation, etc. and that is also required to be provided along with the application information referred to in Article 25, item (ix), which is specified by Ministry of Justice Order;
where it is intended to preserve a claim (including a claim with a designated time of commencement or with a condition precedent and any other claim that is expected to be fixed in the future) with regard to the establishment, transfer, change or extinction of a right set forth in each item of Article 3
第三条各号に掲げる権利の設定、移転、変更又は消滅に関して請求権(始期付き又は停止条件付きのものその他将来確定することが見込まれるものを含む。)を保全しようとするとき。
If a definitive registration is made based on a provisional registration (a definitive registration means a registration of a right to be made after a provisional registration has been made in relation to the same real property and the same right, which is recorded in the registration record regarding the real property as a registration based on the provisional registration; the same applies hereinafter), the order of priority of the definitive registration follows the order of priority of the provisional registration.
An application for a provisional registration may be filed independently by the person entitled to register regarding the relevant provisional registration, notwithstanding the provisions of Article 60, if the person obliged to register regarding the provisional registration gives consent or a disposition ordering a provisional registration prescribed in the following Article is made.
Where the person entitled to register and the person obliged to register regarding a provisional registration jointly file an application for a provisional registration, the provisions of the main clause of Article 22 do not apply.
Article 108Disposition Ordering a Provisional Registration
第百八条(仮登記を命ずる処分)
Upon a petition of a person entitled to register regarding a provisional registration, the court may make a disposition ordering a provisional registration.
裁判所は、仮登記の登記権利者の申立てにより、仮登記を命ずる処分をすることができる。
If filing a petition referred to in the preceding paragraph, the petitioner must make a prima facie showing of the fact constituting the cause of provisional registration.
前項の申立てをするときは、仮登記の原因となる事実を疎明しなければならない。
A case based on a petition referred to in paragraph (1) is subject to the exclusive jurisdiction of the district court that has jurisdiction over the location of the real property.
An immediate appeal may be filed against an order to dismiss the petition referred to in paragraph (1).
第一項の申立てを却下した決定に対しては、即時抗告をすることができる。
The provisions of Article 2 and Part II of the Non-Contentious Cases Procedures Act (excluding Article 5, Article 6, Article 7, paragraph (2), Article 40, Article 59, Article 66, paragraphs (1) and (2) and Article 72 of the same Act) apply mutatis mutandis to an immediate appeal referred to in the preceding paragraph.
非訟事件手続法第二条及び第二編(同法第五条、第六条、第七条第二項、第四十条、第五十九条、第六十六条第一項及び第二項並びに第七十二条を除く。)の規定は、前項の即時抗告について準用する。
When there is any third party who has an interest in the definitive registration (including the holder or endorser of the mortgage securities who has an interest in the definitive registration; hereinafter the same applies in this Article), an application for a definitive registration based on a provisional registration relating to ownership may be filed only when the third party gives consent.
If a registrar makes a registration based on an application under the provisions of the preceding paragraph, they must cancel any registration of a right of the third party referred to in the same paragraph by their own authority.
Notwithstanding the provisions of Article 60, an application for cancellation of a provisional registration may be filed independently by the registered right holder based on the provisional registration. The same applies to any person who has an interest in a registration regarding the provisional registration when the registered right holder based on the provisional registration gives consent.
Subsection 7 Registration of Provisional Disposition
第七款 仮処分に関する登記
When a registration of prohibition of disposition of property under the provisions of Article 53, paragraph (1) of the Civil Preservation Act (Act No. 91 of 1989) has been made in relation to ownership (excluding cases where the registration has been made together with a provisional registration for the purpose of preservation as prescribed in paragraph (2) of the same Article (hereinafter referred to as a "provisional registration for the purpose of preservation"); hereinafter the same applies in this Article), and subsequently the obligee regarding the provisional disposition to which the registration of prohibition of disposition of property is related files an application for a registration (excluding a provisional registration) of ownership while designating the obligor regarding the relevant provisional disposition as the person obliged to register, the obligee may independently file an application for cancellation of any registration that is made after the registration of prohibition of disposition of property.
所有権について民事保全法(平成元年法律第九十一号)第五十三条第一項の規定による処分禁止の登記(同条第二項に規定する保全仮登記(以下「保全仮登記」という。)とともにしたものを除く。以下この条において同じ。)がされた後、当該処分禁止の登記に係る仮処分の債権者が当該仮処分の債務者を登記義務者とする所有権の登記(仮登記を除く。)を申請する場合においては、当該債権者は、当該処分禁止の登記に後れる登記の抹消を単独で申請することができる。
The provisions of the preceding paragraph apply mutatis mutandis when a registration of prohibition of disposition of property under the provisions of Article 53, paragraph (1) of the Civil Preservation Act was made in relation to a right other than ownership, and subsequently the obligee regarding the provisional disposition to which the registration of prohibition of disposition of property is related files an application for a registration (excluding a provisional registration) with regard to the transfer or extinction of the right while designating the obligor regarding the provisional disposition as the person obliged to register.
Upon an application referred to in paragraph (1) (including as applied mutatis mutandis pursuant to the preceding paragraph), if a registrar cancels any registration that is made after the registration of prohibition of disposition of property, they must also cancel the registration of prohibition of disposition of property by their own authority.
第百十二条(保全仮登記に基づく本登記の順位)
If a definitive registration is made based on a provisional registration for the purpose of preservation, the order of priority of the definitive registration follows the order of priority of the provisional registration for the purpose of preservation.
第百十三条(保全仮登記に係る仮処分の登記に後れる登記の抹消)
Where a provisional registration for the purpose of preservation has been made in relation to a right to use or profit from real property, and subsequently the obligee regarding the provisional disposition related to the provisional registration for the purpose of preservation files an application for a definitive registration, that obligee may independently file an application for cancellation of any registration of a right other than ownership relating to a right to use or profit from real property, or a right established on the right, which is made after the registration of prohibition of disposition of property that was made along with the provisional registration for the purpose of preservation.
When a registrar makes a definitive registration based on a provisional registration for the purpose of preservation, they must cancel the registration of prohibition of disposition of property that was made along with the provisional disposition for the purpose of preservation by their own authority.
Subsection 8 Registration Involving Government Agency or Public Office
第八款 官庁又は公署が関与する登記等
When a government agency or public office has enforced a public auction by tax authority, if there is a request from a person entitled to register, it must commission the following matters to a registry office without delay:
making a registration of transfer of right by reason of the public auction by tax authority
公売処分による権利の移転の登記
canceling a registration of a right extinguished by reason of the public auction by tax authority; or
公売処分により消滅した権利の登記の抹消
canceling a registration of seizure regarding the procedure for collection of delinquent tax
滞納処分に関する差押えの登記の抹消
Article 116Registration upon Commission by Government Agency or Public Office
第百十六条(官庁又は公署の嘱託による登記)
When the national government or a local government makes a registration of a right as the person entitled to register, the government agency or public office concerned must commission a registry office to make the registration without delay, with the consent of the person obliged to register.
If there is a request from the person entitled to register regarding a registration of a right for which the national government or a local government is to be the person obliged to register, the government agency or public office concerned must commission a registry office to make the registration without delay.
第百十七条(官庁又は公署の嘱託による登記の登記識別情報)
When a registrar has completed a registration based on the commission of a registration issued by a government agency or public office on behalf of a person entitled to register (limited to the person who will become a registered right holder by making a registration; hereinafter the same applies in this Article), they must promptly give notice of the information for registration identification to the government agency or public office for the benefit of the person entitled to register.
The government office or public office that has received notice of the information for registration identification pursuant to the provisions of the preceding paragraph must give notice of it to the person entitled to register referred to in the same paragraph without delay.
Article 118Registration by reason of Expropriation
第百十八条(収用による登記)
Notwithstanding the provisions of Article 60, an application for a registration of transfer of ownership by reason of expropriation of real property may be filed independently by the business operator concerned.
If the national government or a local government is the business operator, the government agency or public office concerned must commission a registry office to make the registration referred to in the preceding paragraph without delay.
The provisions of the preceding two paragraphs apply mutatis mutandis to a registration of extinction of right by reason of expropriation of a right other than ownership with regard to real property.
When filing an application for a registration of transfer of right by reason of expropriation of land, the applicant must designate the registration regarding the right that has been extinguished or the attachment, provisional attachment or provisional disposition that has lost its effect by reason of the expropriation. In this case, if a registrar makes a registration of transfer of right, they must cancel the designated registration by their own authority.
If a registrar makes a registration of transfer of ownership by reason of expropriation of a building, they must cancel a registration of a right other than a registration of ownership, etc. established on the building by their own authority. When a registrar makes a registration referred to in paragraph (3), the same applies to a registration of a right established on the right referred to in the same paragraph.
If a registrar makes a registration referred to in paragraph (1), they must cancel a registration of commencement of determination proceedings by their own authority.