Chapter IV Registration Procedures
第四章 登記手続
Section 1 General Provisions
第一節 総則
Article 16Registration upon Application by the Party or upon Commission
第十六条(当事者の申請又は嘱託による登記)
Unless otherwise provided for in laws and regulations, no registration may be made without an application filed by a party concerned or a commission issued by a government agency or public office.
登記は、法令に別段の定めがある場合を除き、当事者の申請又は官庁若しくは公署の嘱託がなければ、することができない。
The provisions of Article 2, item (xiv), Article 5, Article 6, paragraph (3), Article 10, and this Chapter (excluding this Article, Article 27, Article 28, Article 32, Article 34, Article 35, Article 41, Articles 43 through 46, Article 51, paragraph (5) and paragraph (6), Article 53, paragraph (2), Article 56, Article 58, paragraphs (1) and (4), Article 59, item (i), items (iii) through (vi) and item (viii), Article 66, Article 67, Article 71, Article 73, paragraph (1), items (ii) through (iv), paragraphs (2) and (3), Articles 76 through 76-4, Article 76-6, Articles 78 through 86, Article 88, Articles 90 through 92, Article 94, Article 95, paragraph (1), Article 96, Article 97, Article 98, paragraph (2), Article 101, Article 102, Article 106, Article 108, Article 112, Articles 114 through 117, and Article 118, paragraphs (2), (5) and (6)) apply mutatis mutandis to a registration procedure to be performed as commissioned by a government agency or public office.
第二条第十四号、第五条、第六条第三項、第十条及びこの章(この条、第二十七条、第二十八条、第三十二条、第三十四条、第三十五条、第四十一条、第四十三条から第四十六条まで、第五十一条第五項及び第六項、第五十三条第二項、第五十六条、第五十八条第一項及び第四項、第五十九条第一号、第三号から第六号まで及び第八号、第六十六条、第六十七条、第七十一条、第七十三条第一項第二号から第四号まで、第二項及び第三項、第七十六条から第七十六条の四まで、第七十六条の六、第七十八条から第八十六条まで、第八十八条、第九十条から第九十二条まで、第九十四条、第九十五条第一項、第九十六条、第九十七条、第九十八条第二項、第百一条、第百二条、第百六条、第百八条、第百十二条、第百十四条から第百十七条まで並びに第百十八条第二項、第五項及び第六項を除く。)の規定は、官庁又は公署の嘱託による登記の手続について準用する。
The authority vested in an agent privately appointed by a person applying for a registration is not extinguished on the following grounds:
登記の申請をする者の委任による代理人の権限は、次に掲げる事由によっては、消滅しない。
the death of the principal;
本人の死亡
the extinction by merger of a juridical person which is the principal;
本人である法人の合併による消滅
the termination of duties concerning a trust assigned to the trustee who is the principal; and
本人である受託者の信託に関する任務の終了
the death of a statutory agent, or the extinction or modification of their authority of representation
法定代理人の死亡又はその代理権の消滅若しくは変更
第十八条(申請の方法)
An application for a registration must be filed by providing a registry office with the information specified by Cabinet Order as necessary matters for applying for a registration, including the matters necessary for identifying the real property, the name of the applicant, and the purpose of registration (hereinafter referred to as "application information"), by any of the following methods:
the method of using an electronic data processing system (meaning an electronic data processing system wherein the computer (including input-output devices; hereinafter the same applies in this item) used in the registry office is connected by way of telecommunications lines to the computer used by the applicant or their agent), as provided for by Ministry of Justice Order; or
法務省令で定めるところにより電子情報処理組織(登記所の使用に係る電子計算機(入出力装置を含む。以下この号において同じ。)と申請人又はその代理人の使用に係る電子計算機とを電気通信回線で接続した電子情報処理組織をいう。)を使用する方法
the method of submitting a document stating the application information (including a magnetic disk on which the whole or part of the application information is recorded as provided for by Ministry of Justice Order)
申請情報を記載した書面(法務省令で定めるところにより申請情報の全部又は一部を記録した磁気ディスクを含む。)を提出する方法
第十九条(受付)
If application information is provided for a registry office pursuant to the provisions of the preceding Article, as provided for by Ministry of Justice Order, a registrar must accept an application for a registration pertaining to the application information.
When two or more applications are filed in relation to the same real property, if the chronological order thereof is uncertain, those applications are deemed to have been filed simultaneously.
同一の不動産に関し二以上の申請がされた場合において、その前後が明らかでないときは、これらの申請は、同時にされたものとみなす。
If they have received an application, a registrar must assign a receipt number to the application. In this case, if two or more applications are filed simultaneously in relation to the same real property (including cases where these applications are deemed to have been filed simultaneously pursuant to the provisions of the preceding paragraph), the registrar is to assign the same receipt number to these applications.
Article 20Order of Making Registrations
第二十条(登記の順序)
If two or more applications for registrations of rights are filed in relation to the same real property, a registrar must make the registrations according to the order of the receipt numbers assigned to these applications.
Article 21Notice of Information for Registration Identification
第二十一条(登記識別情報の通知)
Where an applicant themselves becomes a registered right holder by making a certain registration, if a registrar has completed the registration, as provided for by Ministry of Justice Order, the registrar must promptly give notice of the information for registration identification pertaining to the registration to the applicant; provided, however, that this does not apply when the applicant has made a notification in advance to the effect that they do not wish to be given notice of information for registration identification, and in other cases specified by Ministry of Justice Order.
When a person entitled to register and a person obliged to register jointly file an application for a registration of a right, and in other cases where a registered right holder files an application for a registration specified by Cabinet Order, the applicant must provide the information for registration identification regarding the person obliged to register (or in the case of an application for a registration specified by Cabinet Order, the registered right holder; the same applies in paragraph (1) and paragraph (2) of the following Article and the items of paragraph (4) of the same Article), together with the application information; provided, however, that this does not apply when no notice of information for registration identification is given pursuant to the provisions of the proviso to the preceding Article, and in other cases where the applicant has justifiable grounds for being unable to provide the information for registration identification.
第二十三条(事前通知等)
In the case where an applicant files an application prescribed in the preceding Article, if they are unable to provide information for registration identification pursuant to the provisions of the proviso to the same Article, the registrar must, by a method specified by Ministry of Justice Order, give notice to the person obliged to register as prescribed in the same Article to the effect that the application has been filed and that if the person considers the content of the application to be true, they should make a notification to that effect, as provided for by Ministry of Justice Order, within a period specified by Ministry of Justice Order. In this case, within the relevant period, the registrar may not make a registration for the relevant application unless the relevant notification is made.
In cases where an application for a registration referred to in the preceding paragraph relates to ownership, if a registration of change has been made with regard to the address of the person obliged to register referred to in the same paragraph, except for cases specified by Ministry of Justice Order, before making a registration based on the application referred to in the same paragraph, the registrar must give notice under the provisions of the same paragraph and also give further notice of the filing of the application that is addressed to the previous location of the person obliged to register as recorded in the registration record, by a method specified by Ministry of Justice Order.
The provisions of the preceding two paragraphs do not apply when the registrar is to be required to dismiss the application pursuant to the provisions of Article 25 (excluding item (x)).
The provisions of paragraph (1) do not apply in the cases prescribed in the same paragraph, if any of the following items applies:
in the cases where the application has been filed by an agent who is qualified to act as an agent for applying for a registration in the course of trade, and if the registrar has received from the agent the necessary information for confirming that the applicant is the person obliged to register referred to in paragraph (1), as provided for by Ministry of Justice Order, and finds the content of such information to be appropriate;
with regard to a document or electronic or magnetic record in which the application information pertaining to the application (in the case of an application filed by a privately appointed agent, the information certifying the agent's authority) is stated or recorded, if a notary (including an official of the Ministry of Justice engaged in the duties of a notary pursuant to the provisions of Article 8 of the Notary Act (Act No. 53 of 1908)) has issued a necessary certification for confirming that the applicant is the person obliged to register referred to in paragraph (1), and the registrar finds the content of such certification to be appropriate.
Article 24Identity Confirmation by a Registrar
第二十四条(登記官による本人確認)
In cases where an application for a registration is filed, and if a registrar finds that there are reasonable grounds sufficient to suspect that the application is filed by a person other than the one who should be the applicant, except where they should dismiss the application pursuant to the provisions of the following Article, the registrar must examine whether or not the applicant has the authority to apply, by requesting the applicant or their representative or agent to appear, asking questions of them, or requesting them to present documents or provide any other necessary information.
If the applicant or their representative or agent prescribed in the preceding paragraph resides in a remote place or the registrar finds it appropriate for other reasons, the registrar may commission a registrar of another registry office to conduct the examination referred to in the same paragraph.
Article 25Dismissal of Application
第二十五条(申請の却下)
In the following cases, a registrar must dismiss an application for a registration, by a decision stating the reasons therefor; provided, however, that this does not apply where defects in the application can be corrected, and if the applicant has corrected them within a reasonable period specified by the registrar:
登記官は、次に掲げる場合には、理由を付した決定で、登記の申請を却下しなければならない。ただし、当該申請の不備が補正することができるものである場合において、登記官が定めた相当の期間内に、申請人がこれを補正したときは、この限りでない。
if the location of the real property for which the application is filed is not subject to the jurisdiction of the registry office which has received the application;
if the purpose of the application is to make a registration of matters other than the matters to be registered (including those matters to be registered as registration record pursuant to the provisions of other laws and regulations);
if the registration for which the application is filed has already been made;
申請に係る登記が既に登記されているとき。
if the application is filed by a person without the authority to apply;
申請の権限を有しない者の申請によるとき。
if the application information or the method employed to provide it does not conform to the form specified pursuant to the provisions of an order issued under this Act or of other laws and regulations;
申請情報又はその提供の方法がこの法律に基づく命令又はその他の法令の規定により定められた方式に適合しないとき。
if the real property which is the content of the application information or the right which is the purpose of registration is inconsistent with the registration record;
if the name or address of the person obliged to register (in the cases referred to in Article 65, Article 76-5, Article 77, Article 89, paragraph (1) (including as applied mutatis mutandis pursuant to Article 89, paragraph (2) (including as applied mutatis mutandis pursuant to Article 95, paragraph (2)) and Article 95, paragraph (2)), Article 93 (including as applied mutatis mutandis pursuant to Article 95, paragraph (2)) or the first sentence of Article 110, the registered right holder) which is the content of the application information is inconsistent with the registration record;
if the content of the application information is inconsistent with the content of the information certifying the cause of registration prescribed in Article 61;
if the information required to be provided along with the application information pursuant to the provisions of the main clause of Article 22 or Article 61 or of an order issued under this Act or of other laws and regulation is not provided;
if the notification referred to in Article 23, paragraph (1) is not made within the period prescribed in the same paragraph;
if the description of the real property for which an application for a registration of a description is filed is inconsistent with the results of the examination conducted by the registrar pursuant to the provisions of Article 29;
if no registration and license tax is paid; and
登録免許税を納付しないとき。
beyond the cases set forth in the preceding items, in cases specified by Cabinet Order as cases where the registration should not be made
前各号に掲げる場合のほか、登記すべきものでないときとして政令で定めるとき。
Article 26Delegation to Cabinet Order
第二十六条(政令への委任)
Beyond what is provided for in this Chapter, the method for providing application information, the necessary information to be provided along with the application information and the method for providing it, and other necessary matters concerning the procedure of filing an application for registration are specified by Cabinet Order.
この章に定めるもののほか、申請情報の提供の方法並びに申請情報と併せて提供することが必要な情報及びその提供の方法その他の登記申請の手続に関し必要な事項は、政令で定める。
Section 2 Registration of a Description
第二節 表示に関する登記
Subsection 1 General Rules
第一款 通則
Article 27Matters to Be Registered for Registration of a Description
第二十七条(表示に関する登記の登記事項)
The matters to be registered for a registration of a description of land and a building are to be as follows:
the cause of registration and the date thereof;
登記原因及びその日付
the date of registration;
登記の年月日
With regard to the property for which no registration of ownership is made (excluding a building with the registration to the effect that it is a common element (meaning a common element prescribed in Article 4, paragraph (2) of the Condominium Unit Ownership Act; the same applies hereinafter) or that it is a common element of a housing complex (meaning a common element of a housing complex prescribed in Article 67, paragraph (1) of the Condominium Unit Ownership Act; the same applies hereinafter)), the name and address of the owner, and if there are two or more owners, each owner's share;
所有権の登記がない不動産(共用部分(区分所有法第四条第二項に規定する共用部分をいう。以下同じ。)である旨の登記又は団地共用部分(区分所有法第六十七条第一項に規定する団地共用部分をいう。以下同じ。)である旨の登記がある建物を除く。)については、所有者の氏名又は名称及び住所並びに所有者が二人以上であるときはその所有者ごとの持分
beyond what is set forth in the preceding three items, the matters specified by Ministry of Justice Order as being necessary for identifying the real property
前三号に掲げるもののほか、不動産を識別するために必要な事項として法務省令で定めるもの
Article 28Registration of a Description by the Registrar's Own Authority
第二十八条(職権による表示に関する登記)
A registration of a description may be made by a registrar by their own authority.
Article 29Examination by a Registrar
第二十九条(登記官による調査)
Where an application for a registration of a description is filed pursuant to the provisions of Article 18, or where a registrar intends to make a registration of a description by their own authority pursuant to the provisions of the preceding Article, if they find it necessary, the registrar may examine the matters concerning the description of the real property.
Where a registrar conducts the examination referred to in the preceding paragraph and if they find it necessary, they may, only during the period from sunrise to sunset, inspect the real property, request the owner of the real property or other persons concerned to present a document or matters that are recorded in an electronic or magnetic record and indicated by a method specified by Ministry of Justice Order, or ask these persons questions. In this case, the registrar must carry their identification card and present it if requested to do so by any person concerned.
Article 30Application by a General Successor
第三十条(一般承継人による申請)
Where it is possible for a heading-section owner or registered holder of ownership to be an applicant for a registration of a description, if an inheritance or other general succession is made with regard to the heading-section owner or registered holder of ownership, their heirs or other general successors may file an application for the registration of the description.
第三十一条(表題部所有者の氏名等の変更の登記又は更正の登記)
For a registration of change or a registration of correction regarding the name or address of a heading-section owner, no person other than the heading-section owner may file an application.
Article 32Registration Procedures Concerning Change to Heading-Section Owner
第三十二条(表題部所有者の変更等に関する登記手続)
No registration may be made with regard to a change to a heading-section owner or their share unless a registration of preservation of ownership is made in relation to the real property, and subsequently a procedure for registration of transfer of the ownership is performed.
Article 33Registration of Correction Regarding Heading-Section Owner
第三十三条(表題部所有者の更正の登記等)
Where the owner of real property is not the same as the heading-section owner of that real property, no person other than the owner of the real property may file an application for a registration of correction regarding the heading-section owner.
In the case referred to in the preceding paragraph, the owner of the real property may not file an application without the consent of the heading-section owner.
For a registration of correction regarding the share of a co-owner who is a heading-section owner of real property, no person other than the co-owner may file an application.
A co-owner who makes a registration of correction referred to in the preceding paragraph may not file an application without the consent of the other co-owners whose share is to be corrected as a result of the registration of correction.
Subsection 2 Registration of a Description of Land
第二款 土地の表示に関する登記
Article 34Matters to Be Registered for Registration of a Description of Land
第三十四条(土地の表示に関する登記の登記事項)
Beyond what is set forth in the items of Article 27, the matters to be registered for a registration of a description of land are to be as follows:
the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the land is located;
土地の所在する市、区、郡、町、村及び字
the parcel number;
the land category; and
the parcel area
The necessary matters concerning the land category referred to in item (iii) of the preceding paragraph and the parcel area referred to in item (iv) of the same paragraph are specified by Ministry of Justice Order.
第三十五条(地番)
A registry office must specify the districts in which parcel numbers should be assigned (referred to as the "numbered districts" in Article 39, paragraph (2) and Article 41, item (ii)), and assign a parcel number to each parcel of land in such districts, as provided for by Ministry of Justice Order.
Article 36Application for Heading Registration of Land
第三十六条(土地の表題登記の申請)
A person who has acquired ownership of newly created land or land for which no heading registration must file an application for a heading registration within one month from the date of the acquisition of ownership.
新たに生じた土地又は表題登記がない土地の所有権を取得した者は、その所有権の取得の日から一月以内に、表題登記を申請しなければならない。
Article 37Application for Registration of Change of the Land Category or Parcel Area
第三十七条(地目又は地積の変更の登記の申請)
If there has been a change to the land category or parcel area, the heading-section owner or registered holder of ownership must file an application for a registration of change regarding the land category or parcel area within one month from the day on which such change occurred.
A person who has become a heading-section owner or registered holder of ownership after there has been a change to the land category or parcel area must file an application for a registration of change regarding the land category or parcel area within one month from the day on which a registration of correction regarding the heading-section owner or registration of ownership was made with respect to such person.
Article 38Application for Registration of Correction of the Heading Section of Land
第三十八条(土地の表題部の更正の登記の申請)
For a registration of correction regarding the matters to be registered set forth in Article 27, item (i), item (ii) or item (iv) (in the case of the matters referred to in item (iv), limited to those specified by Ministry of Justice Order) or Article 34, paragraph (1), item (i), item (iii) or item (iv), no person other than the heading-section owner or registered holder of ownership may file an application.
No person other than the heading-section owner or registered holder of ownership may file an application for registration of a parcel subdivision or parcel consolidation.
Even in the absence of the application referred to in the preceding paragraph, if part of a parcel of land has come to fall within a different land category or a different numbered district (including the smallest district called "aza" which is not a numbered district; the same applies in Article 41, item (ii)), a registrar must make a registration of a subdivision of such parcel of land by their own authority.
Even in the absence of the application referred to in paragraph (1), if a registrar finds it necessary in order to prepare a map referred to in Article 14, paragraph (1), they may make a registration of a parcel subdivision or parcel consolidation, by their own authority, only where no objection is made by the heading-section owner or registered holder of ownership prescribed in paragraph (1).
Article 40Registration of Extinction of Right upon Parcel Subdivision
第四十条(分筆に伴う権利の消滅の登記)
In cases where a registrar makes a registration of a parcel subdivision in relation to the land for which a registration of a right other than a registration of ownership is made, and if together with the application information regarding the registration of the parcel subdivision they are provided with information certifying that the registered holder of the right pertaining to the registration of the right (if the relevant registration of the right is a registration of a mortgage and mortgage securities have been issued, including the holder or endorser of the mortgage securities) has consented to having the right be extinguished for any of the subdivisions of the land (when a registration is made concerning a third party's right established over the relevant right, limited to the cases in which the information certifying that the third party has given consent is provided together), as provided for by Ministry of Justice Order, they must make a registration to the effect that the right has been extinguished in relation to the land for which the consent has been given.
登記官は、所有権の登記以外の権利に関する登記がある土地について分筆の登記をする場合において、当該分筆の登記の申請情報と併せて当該権利に関する登記に係る権利の登記名義人(当該権利に関する登記が抵当権の登記である場合において、抵当証券が発行されているときは、当該抵当証券の所持人又は裏書人を含む。)が当該権利を分筆後のいずれかの土地について消滅させることを承諾したことを証する情報が提供されたとき(当該権利を目的とする第三者の権利に関する登記がある場合にあっては、当該第三者が承諾したことを証する情報が併せて提供されたときに限る。)は、法務省令で定めるところにより、当該承諾に係る土地について当該権利が消滅した旨を登記しなければならない。
None of the following registrations of parcel consolidation may be made:
次に掲げる合筆の登記は、することができない。
a registration of consolidation of parcels of land that do not adjoin each other;
相互に接続していない土地の合筆の登記
a registration of consolidation of parcels of land which fall within different land categories or different numbered districts;
a registration of consolidation of parcels of land which belong to different heading-section owners or different registered holders of ownership;
a registration of consolidation of parcels of land where the heading-section owners or registered holders of ownership have different shares;
a registration of consolidation of a parcel of land for which there no registration of ownership is made and another parcel of land for which a registration of ownership is made; and
所有権の登記がない土地と所有権の登記がある土地との合筆の登記
a registration of consolidation of parcels of lands where a registration of a right is made other than a registration of ownership in relation to either parcel of land (excluding a parcel of land for which a registration of a right is made specified by Ministry of Justice Order as a registration that may be included in the registration record for the consolidated land)
Article 42Application for Registration of Loss of Land
第四十二条(土地の滅失の登記の申請)
In the event of the loss of land, the heading-section owner or registered holder of ownership must file an application for a registration of the loss of the land within one month from the date of the loss.
Article 43Registration of Land within a River Area
第四十三条(河川区域内の土地の登記)
The matters to be registered for a registration of a description of land within a river area referred to in Article 6, paragraph (1) of the River Act (Act No. 167 of 1964) (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act; the same applies in item (i)) are to include, beyond what is set forth in the items of Article 27 and the items of Article 34, paragraph (1), a statement to the effect that the land in question is the land referred to in item (i), and in the case of the land set forth in items (ii) through (v), also include each of the statements specified in the respective items:
land within a river area referred to in Article 6, paragraph (1) of the River Act;
河川法第六条第一項の河川区域内の土地
land within a special area of a high-grade bank referred to in Article 6, paragraph (2) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act);
河川法第六条第二項(同法第百条第一項において準用する場合を含む。)の高規格堤防特別区域内の土地
land within a greenbelt area referred to in Article 6, paragraph (3) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the Act);
河川法第六条第三項(同法第百条第一項において準用する場合を含む。)の樹林帯区域内の土地
land within a specified greenbelt area referred to in Article 26, paragraph (4) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act); and
河川法第二十六条第四項(同法第百条第一項において準用する場合を含む。)の特定樹林帯区域内の土地
land within a three-dimensional river area referred to in Article 58-2, paragraph (2) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act)
河川法第五十八条の二第二項(同法第百条第一項において準用する場合を含む。)の河川立体区域内の土地
If the whole or part of a parcel of land has become land within a river area referred to in item (i) of the preceding paragraph, land within a special area of a high-grade bank referred to in item (ii) of the same paragraph, land within a greenbelt area referred to in item (iii) of the same paragraph, land within a specified greenbelt area referred to in item (iv) of the same paragraph or land within a three-dimensional river area referred to in item (v) of the same paragraph, the river administrator must commission a registry office to make a registration to that effect without delay.
If the whole or part of a parcel of land has ceased to be land within a river area referred to in paragraph (1), item (i), land within a special area of a high-grade bank referred to in item (ii) of the same paragraph, land within a greenbelt area referred to in item (iii) of the same paragraph, land within a specified greenbelt area referred to in item (iv) of the same paragraph or land within a three-dimensional river area referred to in item (v) of the same paragraph, the river administrator must commission a registry office to cancel the registration to that effect without delay.
If commissioning a registration pursuant to the provisions of the preceding two paragraphs in relation to part of a parcel of land, the river administrator may commission a registry office to make a registration of the parcel subdivision of the land on behalf of the heading-section owner or registered holder of ownership of the land or their heirs or other general successors.
If the whole of a parcel of land within a river area referred to in each item of paragraph (1) is lost, the river administrator must commission a registry office to make a registration of loss of the land without delay.
If part of a parcel of land within a river area referred to in each item of paragraph (1) is lost, the river administrator must commission a registry office to make a registration of change regarding the parcel area of the land without delay.
Subsection 3 Registration of a Description of a Building
第三款 建物の表示に関する登記
Article 44Matters to Be Registered for Registration of a Description of a Building
第四十四条(建物の表示に関する登記の登記事項)
Beyond what is set forth in the items of Article 27, the matters to be registered for a registration of a description of a building are to be as follows:
the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the building is located and the parcel number of the land where the building is located (in the case of a building which is a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the single building to which the building belongs as its unit is located, and the parcel number of the land where the building is located);
the building number;
the type, structure and floor area of the building;
建物の種類、構造及び床面積
if the building has a name, the name of the building;
建物の名称があるときは、その名称
if the building has any annex building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the annex building is located and the parcel number of the land where the annex building is located (in the case of an annex building which is a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where a single building to which the annex building belongs is located, and the parcel number of the land where the annex building is located), and the type, structure and floor area of the annex building;
if the building exists as a common element or a common element of a housing complex, a statement to that effect;
if the building or annex building exists as a condominium unit, the structure and floor area of the single building to which the building or annex building belongs as its unit;
if the building or annex building exists as a condominium unit, and the single building to which the building or annex building belongs as its unit has a name, the name of the single building; and
if the building or annex building exists as a condominium unit, and a right to use the site of the condominium unit prescribed in Article 2, paragraph (6) of the Condominium Unit Ownership Act (limited to those registered), which may not be disposed of separately from the proprietary elements owned by the unit owner pursuant to the provisions of the main clause of Article 22, paragraph (1) of the Condominium Unit Ownership Act (including as applied mutatis mutandis pursuant to paragraph (3) of the same Article) (hereinafter referred to as a "right of site") is attached to the condominium unit, the right of site
建物又は附属建物が区分建物である場合において、当該区分建物について区分所有法第二条第六項に規定する敷地利用権(登記されたものに限る。)であって、区分所有法第二十二条第一項本文(同条第三項において準用する場合を含む。)の規定により区分所有者の有する専有部分と分離して処分することができないもの(以下「敷地権」という。)があるときは、その敷地権
The necessary matters concerning the type, structure and floor area of the building referred to in items (iii), (v) and (vii) of the preceding paragraph are specified by Ministry of Justice Order.
第四十五条(家屋番号)
A registry office must assign a building number to each building, as provided for by Ministry of Justice Order.
Article 46Registration of Categorization as a Right of Site
第四十六条(敷地権である旨の登記)
If a registrar makes the first registration of a description in the heading section in relation to a right of site to a condominium unit, they must make a registration with regard to the registration record of the land on which the right of site is established, by their own authority, to the effect that the ownership, superficies or other rights registered in the registration record are categorized as a right of site.
Article 47Application for Heading Registration of Building
第四十七条(建物の表題登記の申請)
A person who has acquired ownership of a newly constructed building or a building other than a condominium unit for no heading registration is made must file an application for a heading registration within one month from the date of the acquisition of ownership.
Where a building which is to exist as a condominium unit is newly constructed, if an inheritance or other general succession is made with regard to its owner, their heirs and other general successors may also file an application for a heading registration relating to the building by designating the predecessor as the heading-section owner.
第四十八条(区分建物についての建物の表題登記の申請方法)
Where a single building to which a condominium unit belongs is newly constructed or where condominium units are newly constructed adjoining a building for which no heading registration is made and they constitute a single building, an application for a heading registration relating to the relevant condominium unit must be filed along with an application for a heading registration relating to the relevant newly constructed single building or other condominium units which belong to a single building to which the relevant condominium units have become to belong.
In the case referred to in the preceding paragraph, the owner of the relevant condominium unit may file an application for a heading registration relating to the other condominium units on behalf of the owners of the other condominium units.
Where a condominium unit is newly constructed adjoining a building for which a heading registration is made (excluding a condominium unit), an application for a heading registration relating to the condominium unit must be filed along with an application for a registration of change of the heading section relating to the building for which the heading registration is made.
In the case referred to in the preceding paragraph, the owner of the condominium unit may file an application for a registration of change of the heading section relating to the building for which a heading registration is made, on behalf of the heading-section owner or registered holder of ownership of the building for which a heading registration is made or their heirs or other general successors.
Article 49Application for Registration by reason of Combination
第四十九条(合体による登記等の申請)
When two or more buildings are combined into one building, if any of the cases set forth in the following items apply, the person provided for in each respective item must, within one month from the date of the relevant combination, file applications for a heading registration of a building relating to the building resulting from the combination and for cancellation of the registration of the heading section of a building relating to the buildings that existed prior to the combination (hereinafter collectively referred to as a "registration, etc. by reason of combination"). In this case, an application for a registration of ownership must also be filed while designating the owner of the building for which no heading registration is made in the case set forth in item (ii), the heading-section owner of the building for which a heading registration is made (excluding the building for which a registration of ownership is made; hereinafter the same applies in this Article) in the case set forth in item (iv), and the owner of the building for which no heading registration is made and the heading-section owner of the building for which a heading registration is made in the case set forth in item (vi), as the registered right holder for the building resulting from the combination, when each respective item applies:
二以上の建物が合体して一個の建物となった場合において、次の各号に掲げるときは、それぞれ当該各号に定める者は、当該合体の日から一月以内に、合体後の建物についての建物の表題登記及び合体前の建物についての建物の表題部の登記の抹消(以下「合体による登記等」と総称する。)を申請しなければならない。この場合において、第二号に掲げる場合にあっては当該表題登記がない建物の所有者、第四号に掲げる場合にあっては当該表題登記がある建物(所有権の登記がある建物を除く。以下この条において同じ。)の表題部所有者、第六号に掲げる場合にあっては当該表題登記がない建物の所有者及び当該表題登記がある建物の表題部所有者をそれぞれ当該合体後の建物の登記名義人とする所有権の登記を併せて申請しなければならない。
if the two or more buildings that existed prior to the combination only include buildings for which no heading registrations are made and buildings for which heading registrations are made:the owners of the buildings for which no heading registrations are made or the heading-section owners of the buildings for which heading registrations are made;
if the two or more buildings that existed prior to the combination only include buildings for which no heading registrations are made and a buildings for which registrations of ownership are made:the owners of the buildings for which no heading registrations are made or the registered holders of ownership of the buildings for which registrations of ownership are made;
if all of the two or more buildings that existed prior to the combination are buildings for which heading registrations are made:any of the heading-section owners of the buildings;
if the two or more buildings that existed prior to the combination only include buildings for which heading registrations are made and buildings for which registrations of ownership are made:the heading-section owners of the buildings for which heading registrations are made or the registered holders of ownership of the buildings for which registrations of ownership are made;
if all of the two or more buildings that existed prior to the combination are buildings for which registrations of ownership are made:any of the registered holders of ownership of the buildings; or
合体前の二以上の建物がいずれも所有権の登記がある建物であるとき。 当該建物の所有権の登記名義人
if the three or more buildings that existed prior to the combination only include buildings for which no heading registrations are made, buildings for which heading registrations are made, and buildings for which registrations of ownership are made:the owners of the buildings for which no heading registrations are made, the heading-section owners of the buildings for which heading registrations are made or the registered holders of ownership of the buildings for which registrations of ownership are made.
When two or more buildings are combined into one building and if no heading registration is made for any of the buildings that existed prior to the combination, the provisions of Article 47 and of paragraphs (1) and (2) of the preceding Article apply mutatis mutandis to an application for a heading registration relating to those buildings. In this case, the phrase "A person who has acquired ownership of a newly constructed building or a building other than a condominium unit for which no heading registration is made" in Article 47, paragraph (1) is to be deemed to be replaced with "Where two or more buildings for none of which a heading registration is made are combined into one building, the person who owns the building resulting from the combination at the time of the combination, or where the building resulting from the combination is a building other than a condominium unit for no heading registration is made, the person who has acquired ownership from the person who owned the building at the time of the combination"; the phrase "Where a building which is to exist as a condominium unit is newly constructed" in Article 47, paragraph (2) and the phrase "Where a single building to which a condominium unit belongs is newly constructed or where condominium units are newly constructed adjoining a building for which no heading registration is made and they constitute a single building" in paragraph (1) of the preceding Article is to be deemed to be replaced with " Where two or more buildings for none of which a heading registration is made are combined into a single building"; the phrase "the relevant newly constructed single building or a single building to which the relevant condominium units have become to belong" in paragraph (1) of the preceding Article is to be deemed to be replaced with "a single building to which the condominium unit resulting from the combination belongs."
第四十七条並びに前条第一項及び第二項の規定は、二以上の建物が合体して一個の建物となった場合において合体前の建物がいずれも表題登記がない建物であるときの当該建物についての表題登記の申請について準用する。この場合において、第四十七条第一項中「新築した建物又は区分建物以外の表題登記がない建物の所有権を取得した者」とあるのは「いずれも表題登記がない二以上の建物が合体して一個の建物となった場合における当該合体後の建物についての合体時の所有者又は当該合体後の建物が区分建物以外の表題登記がない建物である場合において当該合体時の所有者から所有権を取得した者」と、同条第二項中「区分建物である建物を新築した場合」とあり、及び前条第一項中「区分建物が属する一棟の建物が新築された場合又は表題登記がない建物に接続して区分建物が新築されて一棟の建物となった場合」とあるのは「いずれも表題登記がない二以上の建物が合体して一個の区分建物となった場合」と、同項中「当該新築された一棟の建物又は当該区分建物が属することとなった一棟の建物」とあるのは「当該合体後の区分建物が属する一棟の建物」と読み替えるものとする。
In the cases set forth in paragraph (1), item (i), item (ii) or item (vi), after the two or more buildings (in the case set forth in item (vi), the three or more buildings) are combined into one building, if a person has acquired a share in the building resulting from the combination which is equivalent to the ownership of any of the buildings that existed prior to the combination for which no heading is made from the owner of the relevant building that existed prior to the combination for which there no heading registration is made, the person must file an application for a registration by reason of combination within one month from the date of the acquisition of the share.
In the cases set forth in the items of paragraph (1), after the two or more buildings (in the case set forth in item (vi) of the same paragraph, the three or more buildings) are combined into one building, if a person has become the heading-section owner of any of the buildings that existed prior to the combination for which a heading registration is made or the registered holder of ownership of any of the buildings that existed prior to the combination for which a registration of ownership is made, the person must file an application for a registration by reason of combination within one month from the day on which a registration of correction regarding the heading-section owner or registration of ownership was made with respect to such person.
Article 50Registration of Extinction of Right upon Combination
第五十条(合体に伴う権利の消滅の登記)
Where a registrar makes a registration, etc. by reason of combination in relation to a building for which a registration of a right is made other than a registration of ownership, etc. (meaning ownership, superficies, farming right, servitude and the right of quarrying; hereinafter the same applies in this Subsection and Article 118, paragraph (5)), and, in addition to the application information regarding the registration, etc. by reason of combination, when they are provided with the information certifying that the registered holder of the right pertaining to the registration of the right (when the registration of the right is a registration of a mortgage and mortgage securities have been issued, including the holder or endorser of the mortgage securities) has consented to have the right be extinguished for the building resulting from the combination (when a registration is made concerning a third party's right established over the relevant right, limited to the cases in which the information certifying that the third party has given consent is provided together), as provided for by Ministry of Justice Order, they must make a registration to the effect that the right has been extinguished.
登記官は、所有権等(所有権、地上権、永小作権、地役権及び採石権をいう。以下この款及び第百十八条第五項において同じ。)の登記以外の権利に関する登記がある建物について合体による登記等をする場合において、当該合体による登記等の申請情報と併せて当該権利に関する登記に係る権利の登記名義人(当該権利に関する登記が抵当権の登記である場合において、抵当証券が発行されているときは、当該抵当証券の所持人又は裏書人を含む。)が合体後の建物について当該権利を消滅させることについて承諾したことを証する情報が提供されたとき(当該権利を目的とする第三者の権利に関する登記がある場合にあっては、当該第三者が承諾したことを証する情報が併せて提供されたときに限る。)は、法務省令で定めるところにより、当該権利が消滅した旨を登記しなければならない。
Article 51Registration of Change of the Heading Section of a Building
第五十一条(建物の表題部の変更の登記)
If there has been a change to any of the matters to be registered set forth in the items of Article 44, paragraph (1) (excluding item (ii) and item (vi)), the heading-section owner or registered holder of ownership (in the case of a building for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made, the owner) must file an application for a registration of change regarding the relevant matters to be registered within one month from the day on which the relevant change occurred.
A person who has become a heading-section owner or registered holder of ownership after there was a change to any of the matters to be registered referred to in the preceding paragraph must file an application for a registration of change regarding the relevant matters to be registered within one month from the day on which a registration of correction regarding the heading-section owner or registration of ownership was made with respect to the person.
If a registration of categorization as a common element or registration of categorization as a common element of a housing complex has been made after there was a change to any of the matters to be registered referred to in paragraph (1), the owner (excluding the persons who must file an application for registration pursuant to the provisions of the preceding two paragraphs) must file an application for a registration of change regarding the relevant matters to be registered within one month from the day on which the registration of categorization as a common element or registration of categorization as a common element of a housing complex was made.
If a person who has acquired the ownership of a building for a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made after there was a change to any of the matters to be registered referred to in paragraph (1) (excluding the persons who must file an application for registration pursuant to the provisions of the preceding paragraph), the person must file an application for a registration of change regarding the relevant matters to be registered within one month from the date of the acquisition of ownership.
Where a building is a condominium unit, a registration of change regarding any of the matters to be registered set forth in Article 44, paragraph (1), item (i) (limited to the matters pertaining to a building which is a condominium unit) or items (vii) through (ix) (with regard to the matters to be registered set forth in item (ix), limited to those specified by Ministry of Justice Order; the same applies in the following paragraph and Article 53, paragraph (2)) have the effect as a registration of change made in relation to other condominium units which belong to the same single building together with the condominium unit pertaining to the relevant registration.
建物が区分建物である場合において、第四十四条第一項第一号(区分建物である建物に係るものに限る。)又は第七号から第九号までに掲げる登記事項(同号に掲げる登記事項にあっては、法務省令で定めるものに限る。次項及び第五十三条第二項において同じ。)に関する変更の登記は、当該登記に係る区分建物と同じ一棟の建物に属する他の区分建物についてされた変更の登記としての効力を有する。
In the case referred to in the preceding paragraph, if a registration of change has been made with regard to any of the matters to be registered prescribed in the same paragraph, a registrar must, by their own authority, make a registration of change regarding the matters to be registered with respect to other condominium units which belong to the relevant single building.
第五十二条(区分建物となったことによる建物の表題部の変更の登記)
Where a condominium unit is newly constructed adjoining a building (excluding a condominium unit) for which a heading registration is made and they constitute a single building, and this has caused the building for which a heading registration is made to become a condominium unit, an application for a registration of change of the heading section relating to the building for which a heading registration is made must be filed along with an application for a heading registration relating to the newly constructed condominium unit.
In the case referred to in the preceding paragraph, the heading-section owner or registered holder of ownership of the building for which a heading registration is made may file an application for a heading registration relating to the newly constructed condominium unit on behalf of the owner of the newly constructed condominium unit.
When all of the two or more buildings (excluding condominium units) for which a heading registration is made have become condominium units mutually adjoining as a result of an extension or any other constructions, applications for registrations of change of the heading section relating to the two or more buildings for which a heading registration is made must be filed at one time.
In the case referred to in the preceding paragraph, the heading-section owner or registered holder of ownership of any one of those two or more buildings for which a heading registration is made may file an application for registration of the heading section relating to other buildings for which a heading registration is made, on behalf of the heading-section owners or registered holders of ownership of the other buildings the heading registration is made or their heirs or other general successors.
Article 53Registration of Correction of the Heading Section of a Building
第五十三条(建物の表題部の更正の登記)
For a registration of correction regarding the matters to be registered set forth in Article 27, item (i), item (ii) or item (iv) (in the case of the matters referred to in item (iv), limited to those specified by Ministry of Justice Order) or the items of Article 44, paragraph (1) (excluding items (ii) and (vi)), no person other than the heading-section owner or registered holder of ownership (in the case of a building for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made, the owner) may file an application.
In the case of a building which is a condominium unit, the provisions of Article 51, paragraphs (5) and (6) apply mutatis mutandis to a registration of correction of the heading section regarding any of the matters to be registered as prescribed in paragraph (5) of the same Article.
Article 54Registration of Separation, Division into Units or Merger of Building
第五十四条(建物の分割、区分又は合併の登記)
No person other than the heading-section owner or registered holder of ownership may file an application for any of the following registrations:
a registration of separation of a building (meaning a registration to separate an annex building of a building for which a heading registration is made from the registration record of the building for which a heading registration is made, and make the annex building into another building in a registration record; the same applies hereinafter);
a registration of division into units of a building (meaning a registration to make a portion of a building for which a heading registration is made or annex building into a condominium unit in a registration record on the condition that such portion can be regarded as a condominium unit; the same applies hereinafter); and
a registration of merger of buildings: (meaning a registration to make a building for which a heading registration is made into an annex building of another building for which a heading registration is made in a registration record, or a registration to merge a condominium unit for which a heading registration is made with another condominium unit adjoining the former for which a heading registration is made or its annex building, and make them into one building in a registration record; the same applies hereinafter)
For a registration of separation of buildings or registration of division into units in relation to a building for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made, no person other than the owner of the building may file an application.
The provisions of Article 40 apply mutatis mutandis when making a registration of separation of buildings or registration of division into units in relation to a building for which a registration of a right other than a registration of ownership, etc. is made.
Article 55Specified Registration
第五十五条(特定登記)
In relation to a condominium unit with a registered right of site (meaning a building for which a right of site for a condominium unit is registered; the same applies in Article 73, paragraphs (1) and (3), Article 74, paragraph (2), and Article 76, paragraph (1)) for which a specified registration is made (meaning a registration of a right other than a registration of ownership, etc., which has the effect as a registration made relating to a right of site pursuant to the provisions of Article 73, paragraph (1); hereinafter the same applies in this Article), when a registrar makes a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner, if they are provided, in addition to the application information regarding the registration of change, with information certifying that the registered holder of the right pertaining to the specified registration (when the specified registration is a registration of a mortgage and mortgage securities have been issued, including the holder or endorser of the mortgage securities) has consented to have the right pertaining to the specified registration be extinguished for the relevant condominium unit after the registration of change is made, or for the land on which the registered right of site existed (when a registration is made concerning a third party's right established over the right pertaining to the specified registration, limited to the cases in which the information certifying that the third party has given consent is provided together), they must make a registration to the effect that the right pertaining to the specified registration has been extinguished in relation to the condominium unit or land for which the consent has been given, as provided for by Ministry of Justice Order.
登記官は、敷地権付き区分建物(区分建物に関する敷地権の登記がある建物をいう。第七十三条第一項及び第三項、第七十四条第二項並びに第七十六条第一項において同じ。)のうち特定登記(所有権等の登記以外の権利に関する登記であって、第七十三条第一項の規定により敷地権についてされた登記としての効力を有するものをいう。以下この条において同じ。)があるものについて、第四十四条第一項第九号の敷地利用権が区分所有者の有する専有部分と分離して処分することができるものとなったことにより敷地権の変更の登記をする場合において、当該変更の登記の申請情報と併せて特定登記に係る権利の登記名義人(当該特定登記が抵当権の登記である場合において、抵当証券が発行されているときは、当該抵当証券の所持人又は裏書人を含む。)が当該変更の登記後の当該建物又は当該敷地権の目的であった土地について当該特定登記に係る権利を消滅させることを承諾したことを証する情報が提供されたとき(当該特定登記に係る権利を目的とする第三者の権利に関する登記がある場合にあっては、当該第三者が承諾したことを証する情報が併せて提供されたときに限る。)は、法務省令で定めるところにより、当該承諾に係る建物又は土地について当該特定登記に係る権利が消滅した旨を登記しなければならない。
The provisions of the preceding paragraph apply mutatis mutandis to a registration of correction of the heading section relating to a condominium unit for which a specified registration is made which is to be made by reason of the non-existence of a right of site. In this case, the phrase "a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner" in the same paragraph is to be deemed to be replaced with "a registration of correction of the heading section by reason of the non-existence of a right of site," and the phrase "the registration of change" in the same paragraph is to be deemed to be replaced with "the registration of correction."
The provisions of paragraph (1) apply mutatis mutandis to a registration, etc. by reason of combination or registration of merger of buildings when a condominium unit for which a specified registration is made becomes a condominium unit without a right of site as a result of its combination or merger with another building. In this case, the phrase "a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner" in the same paragraph is to be deemed to be replaced with "makes a registration, etc. by reason of combination or registration of merger of buildings when the condominium unit becomes a condominium unit without a right of site as a result of its combination or merger with another building," and the phrase "the registration of change" in the same paragraph is to be deemed to be replaced with "the registration, etc. by reason of combination or the registration of merger of the buildings."
The provisions of paragraph (1) apply mutatis mutandis to a registration of loss of a condominium unit for which a specified registration is made. In this case, in the same paragraph, the phrase "a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner" is to be deemed to be replaced with "makes a registration of loss of the condominium unit," the phrase "the registration of change" is to be deemed to be replaced with "the registration of loss of the condominium unit," the phrase "the condominium unit or the land on which the registered right of site existed" is to be deemed to be replaced with "the land on which the registered right of site existed," and the phrase "the condominium unit or land for which the consent has been given" is to be deemed to be replaced with "the land."
Article 56Restriction on Registration of Merger of Buildings
第五十六条(建物の合併の登記の制限)
None of the following registrations of merger of buildings may be made:
次に掲げる建物の合併の登記は、することができない。
a registration of merger of buildings for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made;
a registration of merger of buildings which belong to different heading-section owners or different registered holders of ownership;
a registration of merger of buildings where the heading-section owners or registered holders of ownership have different shares;
a registration of merger of a building for which no registration of ownership is made and another building for which a registration of ownership is made; and
所有権の登記がない建物と所有権の登記がある建物との建物の合併の登記
a registration of merger of buildings for which a registration of a right other than a registration of ownership, etc. is made in relation to either or both buildings (excluding a building for which a registration of a right is made and specified by Ministry of Justice Order as a registration that may be included in the registration record for the building resulting from the merger)
Article 57Application for Registration of Loss of a Building
第五十七条(建物の滅失の登記の申請)
In the event of the loss of a building, the heading-section owner or registered holder of ownership (in the case of a building for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made, the owner) must file an application for a registration of loss of the building within one month from the date of the loss.
Article 58Registration of Categorization as a Common Element
第五十八条(共用部分である旨の登記等)
Beyond what is set forth in the items of Article 27 (excluding item (iii)) and the items of Article 44, paragraph (1) (excluding item (vi)), the matters to be registered for a registration of a description of a building for making a registration of categorization as a common element or registration of categorization as a common element of a housing complex are to be as follows:
in the case of a registration of categorization as a common element, if the building that constitutes the common element is made available for common use by unit owners of a building which belongs to a single building other than the single building to which the building belongs, a statement to that effect; and
共用部分である旨の登記にあっては、当該共用部分である建物が当該建物の属する一棟の建物以外の一棟の建物に属する建物の区分所有者の共用に供されるものであるときは、その旨
in the case of a registration of categorization as a common element of a housing complex, any building owned by the persons eligible for common use of the common element of the housing complex (if the building is a condominium unit, the single building to which the building belongs as its unit)
For a registration of categorization as a common element or registration of categorization as a common element of a housing complex, no person other than the heading-section owner or registered holder of ownership of the building for which the registration of categorization as a common element or the registration of categorization as a common element of a housing complex is to be made may file an application.
For a registration of categorization as a common element or registration of categorization as a common element of a housing complex, if a registration of a right other than a registration of ownership, etc. is made for the building which is the common element or the common element of a housing complex, no application may be filed without the consent of the registered holder of the right pertaining to the registration of the right (when the registration of the right is a registration of a mortgage and mortgage securities have been issued, including the holder or endorser of the mortgage securities) (when a registration is made concerning a third party's right established over the right, limited to the cases in which the consent of the third party is obtained).
If a registrar makes a registration of categorization as a common element or registration of categorization as a common element of a housing complex, they must, by their own authority, cancel the registration of the heading-section owner or registration of the right in relation to the building.
For a registration of change or registration of correction regarding any of the matters to be registered set forth in the items of paragraph (1), no person other than the owner of the building for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made may file an application.
When the owner of a building for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex is made has abolished the rule that categorizes the building as a common element or common element of a housing complex, they must file an application for a heading registration of the building within one month from the date of the abolition of the rule.
A person who has acquired ownership of the building after the abolition of the rule referred to in the preceding paragraph must file an application for a heading registration of the building within one month from the date of the acquisition of ownership.
Section 3 Registration of Right
第三節 権利に関する登記
Subsection 1 General Rules
第一款 通則
Article 59Matters to Be Registered for Registration of Right
第五十九条(権利に関する登記の登記事項)
The matters to be registered for a registration of a right are to be as follows:
the purpose of registration;
登記の目的
the date of receipt of the application and the receipt number;
申請の受付の年月日及び受付番号
the cause of registration and the date thereof;
登記原因及びその日付
the name and address of the holder of the right pertaining to the registration, and each registered right holder's share if there are two or more registered right holders;
登記に係る権利の権利者の氏名又は名称及び住所並びに登記名義人が二人以上であるときは当該権利の登記名義人ごとの持分
if there are provisions concerning the extinction of the right designated in the purpose of registration, such provisions;
登記の目的である権利の消滅に関する定めがあるときは、その定め
if there are provisions on prohibition of division of property in co-ownership (meaning provisions to prohibit the division of property in co-ownership or a property right other than ownership, which is created when a contract is concluded to the effect that division will not be conducted with respect to property in co-ownership or a property right other than ownership pursuant to the provisions of the proviso to Article 256, paragraph (1) of the Civil Code (Act No. 89 of 1896) (including as applied mutatis mutandis pursuant to Article 264 of the same Code) or Article 908, paragraph (2) of the same Code or where the decedent, by will, prohibited the division of property in co-ownership or a property right other than ownership pursuant to the provisions of Article 908, paragraph (1) of the same Code, or an adjudication made by a family court under the provisions of Article 908, paragraph (4) of the same Code to prohibit the division of property in co-ownership or a property right other than ownership which is included in a person's estate; the same applies in Article 65), such provisions;
共有物分割禁止の定め(共有物若しくは所有権以外の財産権について民法(明治二十九年法律第八十九号)第二百五十六条第一項ただし書(同法第二百六十四条において準用する場合を含む。)若しくは第九百八条第二項の規定により分割をしない旨の契約をした場合若しくは同条第一項の規定により被相続人が遺言で共有物若しくは所有権以外の財産権について分割を禁止した場合における共有物若しくは所有権以外の財産権の分割を禁止する定め又は同条第四項の規定により家庭裁判所が遺産である共有物若しくは所有権以外の財産権についてした分割を禁止する審判をいう。第六十五条において同じ。)があるときは、その定め
if there is a person who has filed the application for registration on behalf of another person pursuant to the provisions of Article 423 of the Civil Code or other laws and regulations (hereinafter referred to as the "subrogee"), the name and address of the subrogee and the cause of subrogation; and
民法第四百二十三条その他の法令の規定により他人に代わって登記を申請した者(以下「代位者」という。)があるときは、当該代位者の氏名又は名称及び住所並びに代位原因
第六十条(共同申請)
Unless otherwise provided for in laws and regulations, an application for a registration of a right must be filed jointly by a person entitled to register and a person obliged to register.
Article 61Provision of Information Certifying the Cause of Registration
第六十一条(登記原因証明情報の提供)
When filing an application for a registration of a right, unless otherwise provided for in laws and regulations, the applicant must provide the information certifying the cause of registration along with the application information.
Article 62Application by a General Successor
第六十二条(一般承継人による申請)
Where it is possible for a person entitled to register, person obliged to register or registered right holder to be an applicant for a registration of a right, if an inheritance or other general succession is made with regard to the person entitled to register, person obliged to register or registered right holder, their heirs or other general successors may file an application for the registration of the right.
Article 63Registration by Judgment
第六十三条(判決による登記等)
Notwithstanding the provisions of Article 60, Article 65 or Article 89, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of the same Article (including as applied mutatis mutandis pursuant to Article 95, paragraph (2)) and Article 95, paragraph (2)), for a registration based on a final and binding judgment to order either of the persons who must file an application jointly pursuant to these provisions to perform the registration procedures, the application may be filed independently by the other person who must jointly file the application.
An application for a registration of transfer of a right as a result of inheritance or merger of a juridical person may be filed independently by the person entitled to register.
相続又は法人の合併による権利の移転の登記は、登記権利者が単独で申請することができる。
An application for a registration of transfer of ownership by reason of bequest (limited to bequest to an heir) may, notwithstanding the provisions of Article 60, be filed independently by the person entitled to register.
第六十四条(登記名義人の氏名等の変更の登記又は更正の登記等)
An application for a registration of change or registration of correction regarding the name or address of a registered right holder may be filed independently by the registered right holder.
Where mortgage securities are issued, an application for a registration of change or registration of correction regarding the name or address of the obligor may be filed independently by the obligor.
第六十五条(共有物分割禁止の定めの登記)
An application for a registration of change of a right subject to provisions on prohibition of division of property in co-ownership must be filed jointly by all registered right holders who are co-owners of the right.
Article 66Registration of Change or Registration of Correction of Right
第六十六条(権利の変更の登記又は更正の登記)
A registration of change or registration of correction of a right may be made by the supplemental registrations, only when a third party who has an interest in the registration (including the holder or endorser of the mortgage securities who has an interest in the registration of change or registration of correction of a right; hereinafter the same applies in this Article) gives consent and where there is no relevant third party.
Article 67Correction of Registration
第六十七条(登記の更正)
A registrar, if they have found any error or omission regarding a registration of a right, must give notice to the person entitled to register and person obliged to register (or the registered right holder if there is no person entitled to register and no person obliged to register; the same applies in paragraph (3) and Article 71, paragraph (1)) to that effect without delay; provided, however, that if there are two or more persons entitled to register, persons obliged to register or registered right holders, respectively, it is sufficient to give notice to any one of the respective persons.
In the case referred to in the preceding paragraph, if the error or omission regarding the registration has been caused by a mistake committed by a registrar, the registrar must correct the registration without delay, with the permission of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau who supervises the registrar; provided, however, that if there is a third party who has an interest in the registration (including the holder or endorser of the mortgage securities who has an interest in the correction of the registration; hereinafter the same applies in this paragraph), these provisions apply only when that third party gives consent.
If a registrar has corrected the registration referred to in the preceding paragraph, they must give notice to the person entitled to register and person obliged to register to that effect. In this case, the provisions of the proviso to paragraph (1) apply mutatis mutandis.
The notice referred to in paragraph (1) and the preceding paragraph must also be given to the subrogee. In this case, the provisions of the proviso to paragraph (1) apply mutatis mutandis.
Article 68Cancellation of Registration
第六十八条(登記の抹消)
An application for cancellation of a registration of a right, if there is any third party who has an interest in the registration (including the holder or endorser of the mortgage securities who has an interest in the cancellation of the registration; hereinafter the same applies in this Article), may be filed only when the third party gives consent.
Article 69Cancellation of Registration upon Death or Dissolution
第六十九条(死亡又は解散による登記の抹消)
Where there is a registration to the effect that the registered right is to be extinguished upon the death of a particular person or the dissolution of a particular juridical person, and if the relevant right has been extinguished upon such death or dissolution, the person entitled to register may, notwithstanding the provisions of Article 60, independently file an application for cancellation of the registration of right pertaining to the relevant right.
Article 69-2Cancellation of Registration Concerning a Special Agreement on Redemption
第六十九条の二(買戻しの特約に関する登記の抹消)
Where a registration is made concerning a special agreement on redemption, and if ten years have elapsed from the date of the agreement, the person entitled to register may, notwithstanding the provisions of Article 60, independently file an application for cancellation of the relevant registration,.
Article 70Cancellation of Registration by Order of Nullification of Right
第七十条(除権決定による登記の抹消等)
If a person entitled to register is unable to file an application for cancellation of registration of a right jointly with those with whom the person entitled to register should jointly file the application for cancellation of registration due to their whereabouts being unknown, the person entitled to register may file a petition for public notification prescribed in Article 99 of the Non-Contentious Case Procedures Act (Act No. 51 of 2011).
When the registration referred to in the preceding paragraph is a registration concerning superficies, farming right, pledge, right of lease or right of quarrying, or a registration concerning special agreement on redemption, and when the registered duration or the period for redemption has expired, if the whereabouts of those with whom the person entitled to register should jointly file the application for cancellation of registration cannot be ascertained even after conducting an investigation by a method specified by Ministry of Justice Order as one through which a reasonable inspection is found to have been conducted, the provisions of the same paragraph are applied by deeming that their whereabouts are unknown.
In the cases referred to in the preceding two paragraphs, if an order of nullification of right prescribed in Article 106, paragraph (1) of the Non-Contentious Case Procedures Act is made, the person entitled to register may, notwithstanding the provisions of Article 60, independently file an application for cancellation of the registration referred to in paragraph (1).
In the case prescribed in paragraph (1), if the person entitled to register has provided the information specified by Cabinet Order as information certifying the extinction of the claim secured by the registered statutory lien, pledge or mortgage, the person entitled to register may, notwithstanding the provisions of Article 60, independently file an application for cancellation of a registration of such security interest. In the case prescribed in the same paragraph, the same applies when twenty years have elapsed since the due date of the secured claim and money equivalent to the total of the amounts of the secured claim, interest thereon, and damage arising from default has been deposited.
第七十条の二(解散した法人の担保権に関する登記の抹消)
When a person entitled to register is unable to file an application for cancellation of a registration of statutory lien, pledge or mortgage jointly with a juridical person with whom the person entitled to register should jointly file the application for cancellation of the registration because the juridical person has been dissolved and the whereabouts of its liquidator cannot be ascertained even after conducting an investigation by the method prescribed in paragraph (2) of the preceding Article, if 30 years have elapsed since the due date of the secured claim and 30 years have elapsed since the date of the dissolution of the juridical person, the person entitled to register may, notwithstanding the provisions of Article 60, independently file the application for cancellation of the registration.
If a registrar has found, after completing a registration of a right, that the registration falls under Article 25, items (i) through (iii) or item (xiii), they must specify a period not exceeding one month and give notice to the person entitled to register, person obliged to register and any third party who has an interest in the registration to the effect that the registration will be cancelled unless any person who has an objection to the cancellation of the registration files an objection in writing within such period.
If the domicile or residence of any of the persons who should be given notice is unknown, the registrar must, as provided for by Ministry of Justice Order, give public notice of the information of which the person should be notified, in lieu of giving notice to them referred to in the preceding paragraph.
Where there is a person who has filed an objection referred to in paragraph (1), the registrar must, if they find the objection to be groundless, make a decision to dismiss the objection, or if they find the objection to be well-grounded, make a decision to declare to that effect, and give notice to the person who has filed the objection.
If no person has filed an objection referred to in paragraph (1) or the registrar has dismissed the objection pursuant to the provisions of the preceding paragraph, the registrar must, by their own authority, cancel the registration prescribed in paragraph (1).
Article 72Restoration of Cancelled Registration
第七十二条(抹消された登記の回復)
An application for restoration of a cancelled registration (limited to a registration of a right), if there is any third party who has an interest in the registration (including the holder or endorser of the mortgage securities who has an interest in the restoration of the registration; hereinafter the same applies in this Article), may be filed only when the third party gives consent.
Article 73Registration Relating to Condominium Unit with Registered Right of Site
第七十三条(敷地権付き区分建物に関する登記等)
A registration of a right pertaining to ownership of or a security interest (meaning a general statutory lien, pledge or mortgage; hereinafter the same applies in this Article) in a condominium unit with a registered right of site has the effect as a registration made relating to the right of site to the land for which a registration of categorization as a right of site has been made pursuant to the provisions of Article 46;provided, however, that this does not apply to the following registrations:
a registration of a right pertaining to the ownership of or a security interest in a condominium unit with a registered right of site, which was made before the right of site for the condominium unit was registered (in the case of a registration of a right pertaining to a security interest, excluding the case in which the purpose, etc. of the relevant registration (meaning the purpose of registration, the date of receipt of the application and the receipt number, and the cause for registration and the date thereof; hereinafter the same applies in this item) is the same as the purpose, etc. of the registration of the right pertaining to the security interest made in relation to the right to land that has been categorized as the right of site);
a provisional registration pertaining to ownership of a condominium unit with a registered right of site, which was made after the right of site for the condominium unit was registered and for which the cause of registration occurred before the right of site for the condominium unit became effective;
a registration of a right pertaining to a pledge or mortgage on a condominium unit with a registered right of site, which was made after the right of site for the condominium unit was registered and for which the cause of registration occurred before the right of site for the condominium unit became effective; and
a registration of a right pertaining to ownership of or a pledge or mortgage on a condominium unit with a registered right of site, which was made after the right of site for the condominium unit was registered and when the cause of registration occurred after the right of site for the condominium unit became effective (excluding cases where the proprietary elements owned by a unit owner and the right of site pertaining to those proprietary elements may not be disposed of separately pursuant to the provisions of the main clause of Article 22, paragraph (1) of the Condominium Unit Ownership Act (including as applied mutatis mutandis pursuant to paragraph (3) of the same Article) (hereinafter referred to as the "cases where a separate disposition is prohibited" in this Article))
Neither a registration of transfer of a right of site nor a registration of a right pertaining to a security interest established on a right of site may be made in relation to the land for which a registration of categorization as a right of site has been made pursuant to the provisions of Article 46;provided, however, that this does not apply to a registration for which the cause of registration occurred after the right of site was established to the land (excluding the cases where a separate disposition is prohibited), or to a provisional registration of a right of site or registration of a right pertaining to a pledge or mortgage where the cause of registration occurred before the right of site was established over the land.
For a condominium unit with a registered right of site, neither a registration of ownership for which the cause of registration is a transfer of ownership of the condominium unit alone nor a registration of a right pertaining to a security interest established over the condominium unit alone may be made; provided, however, that this does not apply to a registration for which the cause of registration occurred after the right of site for the condominium unit became effective (excluding the cases where a separate disposition is prohibited), or to a provisional registration of ownership of the condominium unit alone or a registration of a right pertaining to a pledge or mortgage established over the condominium unit alone for which the cause of registration occurred before the right of site for the condominium unit became effective.
Subsection 2 Registration of Ownership
第二款 所有権に関する登記
Article 73-2Matters to Be Registered for Registration of Ownership
第七十三条の二(所有権の登記の登記事項)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a ownership are to be as follows:
if the registered holder of ownership is a juridical person, the corporate identification number (meaning a corporate identification number provided for in Article 7 of the Commercial Registration Act (Act No. 125 of 1963)) (including as applied mutatis mutandis pursuant to other laws and regulations) and other matters specified by Ministry of Justice Order as those being necessary for identifying a specific juridical person;
所有権の登記名義人が法人であるときは、会社法人等番号(商業登記法(昭和三十八年法律第百二十五号)第七条(他の法令において準用する場合を含む。)に規定する会社法人等番号をいう。)その他の特定の法人を識別するために必要な事項として法務省令で定めるもの
if the registered holder of ownership does not have a domicile in Japan, the name and address of the person who becomes the contact person in Japan and other matters specified by Ministry of Justice Order as those pertaining to the contact point in Japan.
所有権の登記名義人が国内に住所を有しないときは、その国内における連絡先となる者の氏名又は名称及び住所その他の国内における連絡先に関する事項として法務省令で定めるもの
The necessary matters concerning registration regarding any of the matters to be registered set forth in the items of the preceding paragraph are specified by Ministry of Justice Order.
Article 74Registration of Preservation of Ownership
第七十四条(所有権の保存の登記)
No person other than those listed in the following may file an application for a registration of preservation of ownership:
所有権の保存の登記は、次に掲げる者以外の者は、申請することができない。
the heading-section owner or their heirs or other general successors;
表題部所有者又はその相続人その他の一般承継人
a person who is confirmed by a final and binding judgment to hold ownership; and
所有権を有することが確定判決によって確認された者
a person who has acquired ownership through expropriation (meaning expropriation under the provisions of the Land Expropriation Act (Act No. 219 of 1951) or other Acts; the same applies in Article 118, paragraph (1) and paragraphs (3) through (5))
収用(土地収用法(昭和二十六年法律第二百十九号)その他の法律の規定による収用をいう。第百十八条第一項及び第三項から第五項までにおいて同じ。)によって所有権を取得した者
In the case of a condominium unit, a person who has acquired ownership from the heading-section owner may also file an application for registration referred to in the preceding paragraph. In this case, if the building is a condominium unit with a registered right of site, such person must obtain consent from the registered holder of the right of site.
第七十五条(表題登記がない不動産についてする所有権の保存の登記)
If a registrar makes a registration of preservation of ownership, based on an application filed by the person set forth in paragraph (1), item (ii) or item (iii) of the preceding Article in relation to real property for which no heading registration is made, they must make a registration of a description of real property with respect to the real property which is specified by Ministry of Justice Order.
Article 76Matters to Be Registered for Registration of Preservation of Ownership
第七十六条(所有権の保存の登記の登記事項等)
When making a registration of preservation of ownership, there is to be no requirement to register the cause of registration and the date thereof, notwithstanding the provisions of Article 59, item (iii); provided, however, that this does not apply when making a registration of preservation of ownership of a condominium unit with a registered right pursuant to the provisions of Article 74, paragraph (2).
If a registrar makes a registration of restriction on the disposition of ownership upon commission, in relation to real property for which there is no registration of ownership, they must make a registration of preservation of ownership, by their own authority.
The provisions of the preceding Article apply mutatis mutandis when making a registration of registration on the disposition of ownership upon commission, in relation to real property for which there is no heading registration.
Article 76-2Application for Registration of Transfer of Ownership by reason of Inheritance
第七十六条の二(相続等による所有権の移転の登記の申請)
If an inheritance with regard to a registered holder of ownership has commenced, a person who has acquired ownership by reason of the inheritance must file an application for a registration of transfer of ownership, within three years from the day on which the person comes to know that an inheritance for the person has commenced and that the person has acquired the ownership. The same applies to a person who has acquired ownership by reason of bequest (limited to bequest to an heir).
所有権の登記名義人について相続の開始があったときは、当該相続により所有権を取得した者は、自己のために相続の開始があったことを知り、かつ、当該所有権を取得したことを知った日から三年以内に、所有権の移転の登記を申請しなければならない。遺贈(相続人に対する遺贈に限る。)により所有権を取得した者も、同様とする。
If a division of estate is made after the registration was made under the provisions of the first sentence of the preceding paragraph (limited to that made according to the share of estate calculated pursuant to the provisions of Article 900 and Article 901 of the Civil Code; the same applies in paragraph (4) of the following Article), a person who has acquired ownership in excess of the relevant share of estate by reason of the division of estate must file an application for a registration of transfer of ownership within three years from the date of the division of estate.
The provisions of the preceding two paragraphs do not apply when the registration under the provisions of the respective paragraphs has been made upon application by a subrogee or any other person, or upon commission.
Article 76-3Notification as an Heir
第七十六条の三(相続人である旨の申出等)
As provided for by the Ministry of Justice Order, a person who has an obligation to file an application for a registration of transfer of ownership pursuant to the provisions of paragraph (1) of the preceding Article may notify the registrar to the effect that the inheritance has commenced with regard to the registered holder of ownership and that the person is the heir of the registered holder of ownership.
A person who has made notification as prescribed in the preceding paragraph within the period prescribed in paragraph (1) of the preceding Article is deemed to have performed the obligation to file an application for a registration of transfer of ownership pertaining to the acquisition of ownership as prescribed in paragraph (1) of the same Article (excluding acquisition of ownership by reason of the division of estate made prior to the notification).
If a notification under the provisions of paragraph (1) is made, a registrar may make a supplemental note to that effect, by their own authority, together with the name and address of the person who has made the notification and other matters specified by Ministry of Justice Order to the registration of ownership.
When having acquired the ownership by reason of the subsequent division of estate (excluding cases where the person has acquired the ownership by reason of the division of estate after the registration under the provisions of the first sentence of paragraph (1) of the preceding Article was made), a person who has made a notification under the provisions of paragraph (1) must file an application for a registration of transfer of ownership within three years from the date of the division of estate.
The provisions of the preceding paragraph do not apply where the registration under the provisions of the same paragraph have been made upon application by a subrogee or any other person, or upon commission.
The necessary matters concerning procedures for the notification under the provisions of paragraph (1) and the registration under the provisions of paragraph (3) are specified by Ministry of Justice Order.
Article 76-4Indication of Code Pertaining to Registered Holder of Ownership
第七十六条の四(所有権の登記名義人についての符号の表示)
In the cases specified by Ministry of Justice Order as those where it is deemed that a registered holder of ownership (limited to those specified by Ministry of Justice Order) has ceased to have the capacity to hold rights, as provided for by Ministry of Justice Order, the registrar may indicate a code signifying to that effect pertaining to the registered holder of ownership by their own authority.
第七十六条の五(所有権の登記名義人の氏名等の変更の登記の申請)
If there has been a change to the name or address of a registered holder of ownership, the registered holder of ownership must file an application for a registration of change regarding the name or address within two years from the day on which such change occurred.
Article 76-6Registration of Change Regarding Names by the Registrar's Own Authority
第七十六条の六(職権による氏名等の変更の登記)
In the cases specified by Ministry of Justice Order as those where it is deemed that there has been a change to the name or address of a registered holder of ownership, as provided for by Ministry of Justice Order, the registrar may make a registration of change regarding the name or address by their own authority; provided, however, that if the registered holder of ownership is a natural person, these provisions apply only when the application is filed.
Article 77Cancellation of Registration of Ownership
第七十七条(所有権の登記の抹消)
An application for cancellation of a registration of ownership may be filed independently by the registered holder of ownership only where no registration of transfer of ownership is made.
所有権の登記の抹消は、所有権の移転の登記がない場合に限り、所有権の登記名義人が単独で申請することができる。
Subsection 3 Registration of Usufruct
第三款 用益権に関する登記
Article 78Matters to Be Registered for Registration of Superficies
第七十八条(地上権の登記の登記事項)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a superficies are to be as follows:
the purpose of the establishment of the superficies;
地上権設定の目的
if there is a provisions on rent and the period of payment thereof, such provisions;
地代又はその支払時期の定めがあるときは、その定め
if there are provisions on the duration or provisions referred to in the first sentence of Article 22, paragraph (1) or Article 23, paragraph (1) of the Land and Building Lease Act (Act No. 90 of 1991) or Article 7, paragraph (1) of the Act on Special Measures concerning Land and Building Leases in Areas Affected by Large-Scale Disasters (Act No. 61 of 2013), such provisions;
存続期間又は借地借家法(平成三年法律第九十号)第二十二条第一項前段若しくは第二十三条第一項若しくは大規模な災害の被災地における借地借家に関する特別措置法(平成二十五年法律第六十一号)第七条第一項の定めがあるときは、その定め
if the purpose of the establishment of the superficies is to own a building prescribed in Article 23, paragraph (1) or (2) of the Land and Building Lease Act, a statement to that effect; and
地上権設定の目的が借地借家法第二十三条第一項又は第二項に規定する建物の所有であるときは、その旨
in the case of the establishment of a superficies prescribed in the first sentence of Article 269-2, paragraph (1) of the Civil Code, the vertical limits of the underground or overhead space subject to the superficies, and if there are provisions referred to in the second sentence of the same paragraph, such provisions
民法第二百六十九条の二第一項前段に規定する地上権の設定にあっては、その目的である地下又は空間の上下の範囲及び同項後段の定めがあるときはその定め
Article 79Matters to Be Registered for Registration of Farming Right
第七十九条(永小作権の登記の登記事項)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a farming right are to be as follows:
rent;
小作料
if there are provisions on the duration or the period of payment of rent, such provisions;
存続期間又は小作料の支払時期の定めがあるときは、その定め
if there are provisions referred to in the proviso to Article 272 of the Civil Code, such provisions; and
民法第二百七十二条ただし書の定めがあるときは、その定め
beyond what is prescribed in the preceding two items, if there are provisions concerning rights or obligations of the farming right holder, such provisions
前二号に規定するもののほか、永小作人の権利又は義務に関する定めがあるときは、その定め
Article 80Matters to Be Registered for Registration of Servitude
第八十条(地役権の登記の登記事項等)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a servitude made in relation to the servient land (meaning the servient land prescribed in Article 285, paragraph (1) of the Civil Code; hereinafter the same applies in this Article) are to be as follows:
the dominant land (meaning the dominant land prescribed in Article 281, paragraph (1) of the Civil Code; hereinafter the same applies in this Article);
要役地(民法第二百八十一条第一項に規定する要役地をいう。以下この条において同じ。)
the purpose and scope of the establishment of the servitude;
地役権設定の目的及び範囲
if there are special provisions referred to in the proviso to Article 281, paragraph (1) or the proviso to Article 285, paragraph (1) of the Civil Code, or there are provisions referred to in Article 286 of the same Code, such provisions
民法第二百八十一条第一項ただし書若しくは第二百八十五条第一項ただし書の別段の定め又は同法第二百八十六条の定めがあるときは、その定め
When making a registration referred to in the preceding paragraph, there is to be no requirement to register the name and address of the easement holder, notwithstanding the provisions of Article 59, item (iv).
If there is no registration of ownership in relation to the dominant land, a registration of establishment of a servitude may not be made in relation to the servient land.
If a registrar has made a registration of establishment of a servitude in relation the servient land, they must register the matters specified by Ministry of Justice Order in relation to the dominant land by their own authority.
Article 81Matters to Be Registered for Registration of Right of Lease
第八十一条(賃借権の登記等の登記事項)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a right of lease or sublease of a leased thing are to be as follows:
rent;
賃料
if there are provisions on the duration or the period of payment of rent, those provisions;
存続期間又は賃料の支払時期の定めがあるときは、その定め
if there are provisions permitting the assignment of the right of lease or sublease of the leased thing, those provisions;
賃借権の譲渡又は賃借物の転貸を許す旨の定めがあるときは、その定め
if there is any security deposit, a statement to that effect;
敷金があるときは、その旨
if the lessor is a person who has limited capacity to dispose of property or person who has no authority to dispose of property, a statement to that effect;
賃貸人が財産の処分につき行為能力の制限を受けた者又は財産の処分の権限を有しない者であるときは、その旨
if the purpose of the establishment of the right of lease of land is to own a building, a statement to that effect;
土地の賃借権設定の目的が建物の所有であるときは、その旨
in the case prescribed in the preceding item, if the building falls within the scope of building prescribed in Article 23, paragraph (1) or paragraph (2) of the Land and Building Lease Act, a statement to that effect; and
前号に規定する場合において建物が借地借家法第二十三条第一項又は第二項に規定する建物であるときは、その旨
if there are provisions referred to in the first sentence of Article 22, paragraph (1), Article 23, paragraph (1), the first sentence of Article 38, paragraph (1), or Article 39, paragraph (1) of the Land and Building Lease Act or provisions referred to in Article 52, paragraph (1) of the Act on Stable Supply of Residences for the Elderly (Act No. 26 of 2001) or provisions referred to in Article 7, paragraph (1) of the Act on Special Measures concerning Land and Building Leases in Areas Affected by Large-Scale Disasters, such provisions
借地借家法第二十二条第一項前段、第二十三条第一項、第三十八条第一項前段若しくは第三十九条第一項、高齢者の居住の安定確保に関する法律(平成十三年法律第二十六号)第五十二条第一項又は大規模な災害の被災地における借地借家に関する特別措置法第七条第一項の定めがあるときは、その定め
Article 81-2Matters to Be Registered for Registration of Spouse's Right of Residence
第八十一条の二(配偶者居住権の登記の登記事項)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a spouse's right of residence are to be as follows:
the duration; and
存続期間
if there is a provisions permitting third parties to use or profit from the building of residence (meaning the building of residence prescribed in Article 1028, paragraph (1) of the Civil Code), such provisions.
第三者に居住建物(民法第千二十八条第一項に規定する居住建物をいう。)の使用又は収益をさせることを許す旨の定めがあるときは、その定め
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a right of quarrying are to be as follows:
the duration; and
存続期間
the content of the right of quarrying, and if there are provisions on the quarry royalty or the period of payment thereof, such provisions
採石権の内容又は採石料若しくはその支払時期の定めがあるときは、その定め
Subsection 4 Registration of Security Interest, etc.
第四款 担保権等に関する登記
Article 83Matters to Be Registered for Registration of Security Interest
第八十三条(担保権の登記の登記事項)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a statutory lien, pledge or sub-pledge, or mortgage are to be as follows:
the amount of the claim secured (in the case of a claim the amount of which is not fixed, the value thereof);
債権額(一定の金額を目的としない債権については、その価額)
the name and address of the obligor;
債務者の氏名又は名称及び住所
if the security interest is established on a right other than ownership, the right;
所有権以外の権利を目的とするときは、その目的となる権利
if the security interest is established on rights for two or more pieces of real property, the pieces of real property and the rights; and
二以上の不動産に関する権利を目的とするときは、当該二以上の不動産及び当該権利
in the case of a registration of a pledge or sub-pledge or a mortgage established to secure a claim for which the amount referred to in item (i) is designated in a foreign currency, the maximum amount secured as indicated in Japanese currency
外国通貨で第一号の債権額を指定した債権を担保する質権若しくは転質又は抵当権の登記にあっては、本邦通貨で表示した担保限度額
In order to clarify the matters set forth in item (iv) of the preceding paragraph, as provided by Ministry of Justice Order, a registrar may prepare an inventory of joint security.
第八十四条(債権の一部譲渡による担保権の移転の登記等の登記事項)
In the event of the assignment or payment by subrogation of part of a secured claim, beyond what is set forth in the items of Article 59, the matters to be registered for a registration of transfer of the statutory lien, pledge or sub-pledge, or mortgage are to be the amount of the part of the claim assigned or paid by subrogation.
When making a registration of preservation of a statutory lien on construction work for real property, the estimated amount of the construction costs is to be registered as the amount of the claim secured referred to in Article 83, paragraph (1), item (i).
不動産工事の先取特権の保存の登記においては、第八十三条第一項第一号の債権額として工事費用の予算額を登記事項とする。
第八十六条(建物を新築する場合の不動産工事の先取特権の保存の登記)
When making a registration for preservation of a statutory lien on construction work for real property in the case of constructing a new building, the person who is to be the owner of the building is deemed to be the person obliged to register. In this case, the provisions of the main clause of Article 22 do not apply.
Beyond what is set forth in the items of Article 59 and the items of Article 83, paragraph (1) (excluding item (iii)), the matters to be registered for the registration referred to in the preceding paragraph are to be as follows:
a statement to the effect that the building to be newly constructed and the type, structure and floor area of the building are in accordance with the specifications; and
新築する建物並びに当該建物の種類、構造及び床面積は設計書による旨
the name and address of the person obliged to register
登記義務者の氏名又は名称及び住所
The provisions of item (i) of the preceding paragraph apply mutatis mutandis to a registration of preservation of a statutory lien on construction work for real property in the case of constructing a new annex building of a building for which a registration of ownership is made.
Article 87Registration upon Completion of Construction of a Building
第八十七条(建物の建築が完了した場合の登記)
In the case a registration referred to in paragraph (1) of the preceding Article has been made, if the construction of the building is completed, the owner of the building must file an application for a registration of preservation of ownership without delay.
前条第一項の登記をした場合において、建物の建築が完了したときは、当該建物の所有者は、遅滞なく、所有権の保存の登記を申請しなければならない。
In the case a registration referred to in paragraph (3) of the preceding Article has been made, if the construction of the annex building is completed, the registered holder of ownership of the building to which the annex building belongs must file an application for a registration of change of the heading section of the building by reason of the new construction of the annex building without delay.
Article 88Matters to Be Registered for Registration of Mortgage
第八十八条(抵当権の登記の登記事項)
Beyond what is set forth in the items of Article 59 and the items of Article 83, paragraph (1), the matters to be registered for a registration of a mortgage (excluding a revolving mortgage (meaning a mortgage under the provisions of Article 398-2, paragraph (1) of the Civil Code; the same applies hereinafter)) are to be as follows:
if there are provisions concerning interest, such provisions;
利息に関する定めがあるときは、その定め
if there are provisions on the amount of compensation for damage prescribed in Article 375, paragraph (2) of the Civil Code, the provisions;
民法第三百七十五条第二項に規定する損害の賠償額の定めがあるときは、その定め
if there are any conditions attached to the claim secured, the conditions;
債権に付した条件があるときは、その条件
if there are special provisions referred to in the proviso to Article 370 of the Civil Code, the provisions;
民法第三百七十条ただし書の別段の定めがあるときは、その定め
if there are provisions on the issue of mortgage securities, the provisions; and
抵当証券発行の定めがあるときは、その定め
when there are provisions referred to in the preceding item and if there are further provisions on the due date of payment or place of payment of principal or interest, such latter provisions
前号の定めがある場合において元本又は利息の弁済期又は支払場所の定めがあるときは、その定め
Beyond what is set forth in the items of Article 59 and the items of Article 83, paragraph (1) (excluding item (i)), the matters to be registered for a registration of a revolving mortgage are to be as follows:
the scope of claims to be secured and the maximum amount;
担保すべき債権の範囲及び極度額
if there are special provisions referred to in the proviso to Article 370 of the Civil Code, the provisions;
民法第三百七十条ただし書の別段の定めがあるときは、その定め
if there are provisions on the date on which principal to be secured is to be determined, the provisions; and
担保すべき元本の確定すべき期日の定めがあるときは、その定め
if there are provisions referred to in the proviso to Article 398-14, paragraph (1) of the Civil Code, the provisions
民法第三百九十八条の十四第一項ただし書の定めがあるときは、その定め
Article 89Registration of Change of the Order of Priority of Mortgages
第八十九条(抵当権の順位の変更の登記等)
An application for a registration of change of the order of priority of mortgages must be filed jointly by the registered holders of the mortgages of which the order of priority is to be changed.
The provisions of the preceding paragraph apply mutatis mutandis to an application for a registration of provisions referred to in the proviso to Article 398-14, paragraph (1) of the Civil Code, if there are such provisions.
前項の規定は、民法第三百九十八条の十四第一項ただし書の定めがある場合の当該定めの登記の申請について準用する。
Article 90Registration of Disposition of Mortgage
第九十条(抵当権の処分の登記)
The provisions of Article 83 and Article 88 apply mutatis mutandis to a registration to be made when furnishing a mortgage as security for another claim or assigning or waiving a mortgage pursuant to the provisions of Article 376, paragraph (1) of the Civil Code.
Article 91Registration of Subrogation of Joint Mortgage
第九十一条(共同抵当の代位の登記)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of subrogation under the provisions of Article 393 of the Civil Code are to be the right relating to the real property from which the senior mortgagee has received payment, the value of the real property, and the amount of payment received.
The provisions of Articles 83 and 88 apply mutatis mutandis to the registration referred to in the preceding paragraph.
第九十二条(根抵当権当事者の相続に関する合意の登記の制限)
A registration of an agreement referred to in Article 398-8, paragraph (1) or paragraph (2) of the Civil Code may not be made until after a registration of transfer of the revolving mortgage or a registration of change of the debtor by reason of the inheritance has been made.
Article 93Registration of Determination of Principal of Revolving Mortgage
第九十三条(根抵当権の元本の確定の登記)
Where principal to be secured by a revolving mortgage has been determined pursuant to the provisions of Article 398-19, paragraph (2) or Article 398-20, paragraph (1), item (iii) or item (iv) of the Civil Code, notwithstanding the provisions of Article 60, an application for a registration of the determination of principal may be filed independently by the registered holder of the revolving mortgage; provided, however, that where principal to be secured by a revolving mortgage has been determined pursuant to the provisions of Article 398-20, paragraph (1), item (iii) or item (iv) of the Civil Code, an application for a registration of such determination of principal must be filed along with an application for a registration of acquisition of the revolving mortgage or the right established thereon.
Article 94Registration of Mortgage Securities
第九十四条(抵当証券に関する登記)
If a registrar has issued mortgage securities, they must make a registration of the issue of mortgage securities by their own authority.
In the case an application referred to in Article 1, paragraph (2) of the Mortgage Securities Act was filed with a registry office, and if a registrar of another registry office has prepared mortgage securities as commissioned under Article 5, paragraph (2) of the same Act, the registrar of the latter registry office must make a registration of the preparation of mortgage securities by their own authority,.
In the case referred to in the preceding paragraph, the registrar of the registry office who received the application referred to in the same paragraph must commission the other registry office referred to in the same paragraph to make a registration of the issue of mortgage securities if it has issued mortgage securities, or to cancel the registration of the preparation of mortgage securities if it has dismissed the application referred to in the same paragraph.
If a registration of an issue of mortgage securities has been made as commissioned under the provisions of the preceding paragraph in relation to the real property for which a registration of the preparation of mortgage securities was made under the provisions of paragraph (2), the registration of the issue of mortgage securities becomes effective retroactively as of the time when the registration of the preparation of mortgage securities was made.
Article 95Matters to Be Registered for Registration of Pledge
第九十五条(質権の登記等の登記事項)
Beyond what is set forth in the items of Article 59 and the items of Article 83, paragraph (1), the matters to be registered for a registration of a pledge or sub-pledge are to be as follows:
if there are provisions on the duration, the provisions;
存続期間の定めがあるときは、その定め
if there are provisions concerning interest, the provisions;
利息に関する定めがあるときは、その定め
if there are provisions on a penalty or the amount of compensation, the provisions;
違約金又は賠償額の定めがあるときは、その定め
if there are any conditions attached to the claim secured, the conditions;
債権に付した条件があるときは、その条件
if there are special provisions referred to in the proviso to Article 346 of the Civil Code, the provisions;
民法第三百四十六条ただし書の別段の定めがあるときは、その定め
if there are special provisions regarding the act of establishment pursuant to the provisions of Article 359 of the Civil Code (limited to the cases prescribed in Article 356 or Article 357 of the same Code), the provisions; and
民法第三百五十九条の規定によりその設定行為について別段の定め(同法第三百五十六条又は第三百五十七条に規定するものに限る。)があるときは、その定め
if there are special provisions referred to in the proviso to Article 370 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Code, the provisions
民法第三百六十一条において準用する同法第三百七十条ただし書の別段の定めがあるときは、その定め
The provisions of Article 88, paragraph (2) and Articles 89 through 93 apply mutatis mutandis to a pledge. In this case, the term "Article 88" in Article 90 and Article 91, paragraph (2) is deemed to be replaced with "Article 95, paragraph (1), or Article 88, paragraph (2) as applied mutatis mutandis pursuant to Article 95, paragraph (2)."
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a special agreement on redemption are to be the purchase price (or any amount specified by agreement if otherwise agreed upon set force in Article 579 of the Civil Code) and contract cost paid by the buyer, and: if there are provisions on the period for redemption, the provisions.
Subsection 5 Registration of Trust
第五款 信託に関する登記
Article 97Matters to Be Registered for Registration of Trust
第九十七条(信託の登記の登記事項)
Beyond what is set forth in the items of Article 59, the matters to be registered for a registration of a trust are to be as follows:
the name and address of the settlor, trustee, and beneficiary, respectively;
委託者、受託者及び受益者の氏名又は名称及び住所
the conditions on the designation of the beneficiary, or if there are provisions on the method of specifying the beneficiary, the provisions;
受益者の指定に関する条件又は受益者を定める方法の定めがあるときは、その定め
if there is a trust administrator, the name and address thereof;
信託管理人があるときは、その氏名又は名称及び住所
if there is a beneficiary's agent, the name and address thereof;
受益者代理人があるときは、その氏名又は名称及び住所
if the trust is a trust issuing a beneficiary certificate as prescribed in Article 185, paragraph (3) of the Trust Act (Act No. 108 of 2006), a statement to that effect;
信託法(平成十八年法律第百八号)第百八十五条第三項に規定する受益証券発行信託であるときは、その旨
if the trust is a trust not specifying the beneficiary as prescribed in Article 258, paragraph (1) of the Trust Act, a statement to that effect;
信託法第二百五十八条第一項に規定する受益者の定めのない信託であるときは、その旨
if the trust is a charitable trust prescribed in Article 2, paragraph (1), item (i) of the Act on Public Interest Trusts (Act No. 30 of 2024), a statement to that effect;
公益信託に関する法律(令和六年法律第三十号)第二条第一項第一号に規定する公益信託であるときは、その旨
the purpose of the trust;
信託の目的
the administration method for the trust property;
信託財産の管理方法
the grounds for termination of the trust; and
信託の終了の事由
other trust clauses
その他の信託の条項
If any of the matters set forth in items (ii) through (vi) of the preceding paragraph has been registered, there is to be no requirement to register the name and address of the beneficiary referred to in item (i) of the same paragraph (when the matters set forth in item (iv) of the same paragraph have been registered, limited to the beneficiary for whom the beneficiary's agent acts).
前項第二号から第六号までに掲げる事項のいずれかを登記したときは、同項第一号の受益者(同項第四号に掲げる事項を登記した場合にあっては、当該受益者代理人が代理する受益者に限る。)の氏名又は名称及び住所を登記することを要しない。
In order to clarify the matters set forth in the items of paragraph (1), as provided by Ministry of Justice Order, a registrar may prepare a trust inventory.
Article 98Application Method for Registration of Trust
第九十八条(信託の登記の申請方法等)
An application for a registration of a trust must be filed simultaneously with an application for a registration of preservation, establishment, transfer or change of a right pertaining to the trust.
信託の登記の申請は、当該信託に係る権利の保存、設定、移転又は変更の登記の申請と同時にしなければならない。
An application for a registration of a trust may be filed independently by the trustee.
信託の登記は、受託者が単独で申請することができる。
An application for a registration of change of a right as a result of a trust made by the method set forth in Article 3, item (iii) of the Trust Act may be filed independently by the trustee.
信託法第三条第三号に掲げる方法によってされた信託による権利の変更の登記は、受託者が単独で申請することができる。
Article 99Application for Registration of Trust by Subrogation
第九十九条(代位による信託の登記の申請)
The beneficiary or settlor of a trust may file an application for a registration of the trust on behalf of the trustee.
受益者又は委託者は、受託者に代わって信託の登記を申請することができる。
Article 100Registration by reason of Change of Trustee
第百条(受託者の変更による登記等)
If the trustee's duties have been terminated due to the trustee's death, an order for commencement of guardianship or commencement of curatorship given to the trustee, order of commencement of bankruptcy proceedings given to the trustee, the trustee's dissolution by reasons other than the merger of a juridical person, or a dismissal order given to the trustee by the court or competent government agency (including a national government administrative agency to which the authority of the competent government agency is delegated, and a prefectural executive agency that administers affairs under the jurisdiction of the competent government agency; the same applies in Article 102, paragraph (2)), and a new trustee has been appointed, an application for a registration of transfer of a right as a result of the change of the trustee in relation to the real property that is included in the trust property may be filed independently by the newly appointed trustee, notwithstanding the provisions of Article 60.
Where there are two or more trustees, if the duties of at least one of the trustees have been terminated due to any of the causes prescribed in the preceding paragraph, an application for a registration of the transfer of a right as a result of the termination of the duties of the trustee in relation to the real property that is included in the trust property may be filed independently by another one of the trustees, notwithstanding the provisions of Article 60.
If a registrar makes the following registrations in relation to the real property that is included in the trust property, they must make a registration of change of the trust by their own authority:
a registration of transfer of a right under the provisions of Article 75, paragraph (1) or paragraph (2) of the Trust Act;
信託法第七十五条第一項又は第二項の規定による権利の移転の登記
a registration of change of a right under the provisions of the main clause of Article 86, paragraph (4) of the Trust Act; and
信託法第八十六条第四項本文の規定による権利の変更の登記
a registration of change or registration of correction regarding the name or address of the registered right holder who is the trustee
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.