Article 111Cancellation of a Registration Made After a Registration of Provisional Disposition
第百十一条(仮処分の登記に後れる登記の抹消)
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.