Section 1 Duration of Land Leasehold Rights
第一節 借地権の存続期間等
Article 3Duration of Land Leasehold Rights
第三条(借地権の存続期間)
The duration of the land leasehold right is thirty years; provided, however, that if a period longer than this is prescribed by contract, that period applies.
借地権の存続期間は、三十年とする。ただし、契約でこれより長い期間を定めたときは、その期間とする。
Article 4Period of Land Leasehold Rights After Renewal
第四条(借地権の更新後の期間)
If the parties renew the land lease contract, the period is to be ten years from the day of the renewal (twenty years in the case of the first renewal after the establishment of the land leasehold right); provided, however, that if the parties prescribe a period longer than this, that period applies.
当事者が借地契約を更新する場合においては、その期間は、更新の日から十年(借地権の設定後の最初の更新にあっては、二十年)とする。ただし、当事者がこれより長い期間を定めたときは、その期間とする。
Article 5Request for Renewal of Land Lease Contracts
第五条(借地契約の更新請求等)
If the land leasehold right holder requests the renewal of the contract when the duration of the land leasehold right expires, the contract is deemed to have been renewed with the same terms and conditions as those of the prior contract in addition to what is prescribed in the provisions of the preceding Article, as long as there is a building; provided, however, that this does not apply when the lessor makes an objection without delay.
The provisions of the preceding paragraph also apply when the land leasehold right holder continues to make use of the land after the expiration of the duration of the land leasehold right, as long as there is a building.
If a land sublease right has been established, the continued use of land by a land sublease right holder is deemed to be the continued use of land by a land leasehold right holder, and the provisions of the preceding paragraph apply to the relationship between the land leasehold right holder and the lessor.
Article 6Requirements for Refusing Renewal of Land Lease Contracts
第六条(借地契約の更新拒絶の要件)
The objection referred to in the preceding Article may not be raised unless it is found that there are justifiable grounds for doing so, taking into account of the circumstances in which the lessor and the land leasehold right holder (including the land sublease right holder; hereinafter the same applies in this Article) requires the use of land, the history of the leased land and the state of land use, and the offer made by the lessor when the lessor has made an offer to provide payment of monetary considerations to the land leasehold right holder as a condition for vacating the land or in exchange for vacating the land.
Article 7Extension of Period of Land Leasehold Rights Due to Rebuilding of Buildings
第七条(建物の再築による借地権の期間の延長)
If the buildings are lost before the duration of the land leasehold right expires (including demolition by the land leasehold right holder or the land sublease right holder; the same applies hereinafter), and the land leasehold right holder constructs a building that is to last past the remaining period of existence, as long as the lessor gives consent to the construction of the building, the land leasehold right continues to exist for twenty years from the day of the consent or the day the building is constructed, whichever comes earlier; provided, however, that when the remaining period of existence is longer than this or when the parties have determined a longer period, that period applies.
If the land leasehold right holder notifies the lessor the fact that the land leasehold right holder intends to newly construct a building that is to last past the remaining period of existence and the lessor does not state an objection within two months after receiving the notice, it is deemed that the lessor referred to in the preceding paragraph has consented to the construction of the building; provided, however, that this does not apply if notice has been given after the contract was renewed (if the duration of the land leasehold right has been extended pursuant to the provisions of that paragraph, after the date that the initial duration of the land leasehold right is to expire; hereinafter the same applies in the following Article and Article 18).
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 (1) apply between the land leasehold right holder and the lessor.
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.
第九条(強行規定)
A special agreement that runs counter to the provisions of this Section which is disadvantageous to the land leasehold right holder is void.
この節の規定に反する特約で借地権者に不利なものは、無効とする。
Section 2 Effect of Land Leasehold Rights
第二節 借地権の効力
Article 10Perfection of Land Leasehold Rights
第十条(借地権の対抗力)
Even if the land leasehold right is not registered, when the land leasehold right holder owns registered buildings on the land, the land leasehold right may be asserted against a third party.
In the case referred to in the preceding paragraph, even if a building has been destroyed, when the land leasehold right holder posts a notice of the necessary matters to identify the building, the day the building was lost, and the intent to construct a new building, in a clearly visible location on the land, the land leasehold right is effective as referred to in that paragraph; provided, however, that if two years have passed since the day the building was destroyed, this is limited to the case in which the building was newly constructed and registered before the notice was posted.
When land rent or rental fee for land (hereinafter referred to as "land rent, etc." in this Article and the following Article) becomes unreasonable, due to the increase or decrease in tax and other public charges related to the land, the rise or fall of land prices or changes in other economic conditions, or in comparison to the rent, etc. of similar land in the vicinity, the parties may request the increase or decrease in the amount of land rent, etc. in the future, notwithstanding the contract terms and conditions; provided however, that when there is a special agreement stating that land rent, etc. will not be increased for a certain period of time, the provisions of the special agreement prevail.
地代又は土地の借賃(以下この条及び次条において「地代等」という。)が、土地に対する租税その他の公課の増減により、土地の価格の上昇若しくは低下その他の経済事情の変動により、又は近傍類似の土地の地代等に比較して不相当となったときは、契約の条件にかかわらず、当事者は、将来に向かって地代等の額の増減を請求することができる。ただし、一定の期間地代等を増額しない旨の特約がある場合には、その定めに従う。
If no agreement is reached between the parties regarding the increase in the amount of land rent, etc., until the judicial decision establishing that the increase of the amount is valid becomes final and binding, it is sufficient for the party that has received the request to pay a land rent, etc. in an amount that is found to be reasonable; provided, however, that when the judicial decision becomes final and binding, if the amount that has already been paid is insufficient, the amount of the shortfall must be paid with the addition of interest on late payments at the rate of ten percent per year.
地代等の増額について当事者間に協議が調わないときは、その請求を受けた者は、増額を正当とする裁判が確定するまでは、相当と認める額の地代等を支払うことをもって足りる。ただし、その裁判が確定した場合において、既に支払った額に不足があるときは、その不足額に年一割の割合による支払期後の利息を付してこれを支払わなければならない。
If no agreement is reached between the parties regarding the decrease in the amount of land rent, etc., until the judicial decision establishing that the decrease of the amount is valid becomes final and binding, the party that has received the request may request payment of land rent, etc. in an amount that is found to be reasonable; provided, however, that when that judicial decision becomes final and binding, if the amount that has already been paid exceeds the amount of land rent, etc. considered to be valid, the amount of the excess must be returned with the addition of interest at the rate of ten percent per year from the time the payment was received.
地代等の減額について当事者間に協議が調わないときは、その請求を受けた者は、減額を正当とする裁判が確定するまでは、相当と認める額の地代等の支払を請求することができる。ただし、その裁判が確定した場合において、既に支払を受けた額が正当とされた地代等の額を超えるときは、その超過額に年一割の割合による受領の時からの利息を付してこれを返還しなければならない。
Article 12Statutory Liens of Lessors
第十二条(借地権設定者の先取特権)
With respect to the final two years of rent, etc. the term of which has become due, the lessor has a statutory lien on the building that the land leasehold right holder owns on that land.
The effect of the statutory lien referred to in the preceding paragraph is preserved by registering the superficies or the land lease.
前項の先取特権は、地上権又は土地の賃貸借の登記をすることによって、その効力を保存する。
The statutory lien referred to in paragraph (1) has the effect of prevailing over other rights; provided, however, that the statutory lien for expenses for common benefit, preservation of immovables and construction work for immovables, and the right of pledge and mortgage registered prior to the registration of superficies or land leases prevail over the statutory lien referred to in that paragraph.
第一項の先取特権は、他の権利に対して優先する効力を有する。ただし、共益費用、不動産保存及び不動産工事の先取特権並びに地上権又は土地の賃貸借の登記より前に登記された質権及び抵当権には後れる。
The provisions of the preceding three paragraphs apply mutatis mutandis to buildings that the land sublease right holder owns on that land.
Article 13Right to Request Purchase of Buildings
第十三条(建物買取請求権)
When the duration of land leasehold right expires and the contract is not renewed, the land leasehold right holder may request that the lessor purchase the building and other objects that the land leasehold right holder has attached to the land by title at the market value.
In the case referred to in the preceding paragraph, when the building has been newly constructed prior to the expiration of the duration of land leasehold right without the consent of the lessor with the intention that they last past the remaining period of the land leasehold right, the court, if the lessor so requests, may impose a reasonable time frame for the payment of all or part of the purchase money.
The provisions of the preceding two paragraphs apply mutatis mutandis between the land sublease right holder and the lessor when the duration of land leasehold right has expired.
Article 14Right of a Third Party to Request Purchase of Buildings
第十四条(第三者の建物買取請求権)
If a third party has acquired the buildings and other items on the land that is the object of the lease interest that the land leasehold right holder has duly attached to the land, and the lessor does not consent to the transfer of the lease interest or to a sublease, the third party may request that the lessor purchase the buildings and other items that the land leasehold right holder has duly attached to the land at the prevailing market value.
Article 15Leasehold Right for One's Own Land
第十五条(自己借地権)
Establishment of a land leasehold right does not preclude the lessor from personally owning the land leasehold right only when the interest is jointly held with another party.
Even if the land leasehold right has been returned to the lessor, when the interest is held in common with another party, the land leasehold right is not extinguished.
Article 16Mandatory Provisions
第十六条(強行規定)
A special agreement that runs counter to the provisions of Article 10, Article 13, and Article 14 and that is disadvantageous to the land leasehold right holder or the land sublease right holder is void.