Article 46-2Order for Management of an Exclusively-Owned Area with an Unknown Owner
第四十六条の二（所有者不明専有部分管理命令）
If a unit owner of an exclusively-owned area cannot be identified or their whereabouts cannot be ascertained (or, if the exclusively-owned area is under the co-ownership of multiple persons, with regard to a share of co-ownership in the exclusively-owned area whose co-owner cannot be identified or whose co-owner's whereabouts cannot be ascertained), the court may, if it finds it necessary, at the request of an interested person, issue a disposition ordering management by an administrator of an exclusively-owned area with an unknown owner (meaning the administrator of an exclusively-owned area with an unknown owner prescribed in paragraph (4); the same applies in paragraph (3)), covering the exclusively-owned area or the share of co-ownership to which the request pertains (hereinafter referred to as an "order for management of an exclusively-owned area with an unknown owner").
The effect of an order for management of an exclusively-owned area with an unknown owner extends to movables located in the exclusively-owned area subject to that order for management of an exclusively-owned area with an unknown owner (or, if the order for management of an exclusively-owned area with an unknown owner was issued with a share of co-ownership as its subject, the exclusively-owned area that is the co-owned property) or in a common area, attached facilities, or the grounds of the building (limited to movables owned by the unit owner of the exclusively-owned area subject to that order for management of an exclusively-owned area with an unknown owner or by the person who holds the share of co-ownership), and to rights related to the common areas and attached facilities and to the right to use the grounds (in both cases, limited to those held by the unit owner of the exclusively-owned area subject to that order for management of an exclusively-owned area with an unknown owner or by the person who holds the share of co-ownership).
An order for management of an exclusively-owned area with an unknown owner may also be issued, in the case where an order for management of an exclusively-owned area with an unknown owner has been issued and that order for management of an exclusively-owned area with an unknown owner has subsequently been rescinded, if it is found necessary with regard to the property obtained by the administrator of an exclusively-owned area with an unknown owner through the management or disposition of, or any other cause relating to, the exclusively-owned area or share of co-ownership covered by that order for management of an exclusively-owned area with an unknown owner, the movables on which that order for management of an exclusively-owned area with an unknown owner has effect, rights related to the common areas and the attached facilities, and the right to use the grounds.
所有者不明専有部分管理命令は、所有者不明専有部分管理命令が発せられた後に当該所有者不明専有部分管理命令が取り消された場合において、当該所有者不明専有部分管理命令の対象とされた専有部分又は共有持分並びに当該所有者不明専有部分管理命令の効力が及ぶ動産並びに共用部分及び附属施設に関する権利並びに敷地利用権の管理、処分その他の事由により所有者不明専有部分管理人が得た財産について、必要があると認めるときも、することができる。
When issuing an order for management of an exclusively-owned area with an unknown owner, the court must appoint an administrator of an exclusively-owned area with an unknown owner in that order for management of an exclusively-owned area with an unknown owner.
裁判所は、所有者不明専有部分管理命令をする場合には、当該所有者不明専有部分管理命令において、所有者不明専有部分管理人を選任しなければならない。