Ordinance on Real Property Registration(Ordinance of the Ministry of Justice No.18 of 2005)
Last Version: Ordinance of the Ministry of Justice No.5 of 2011
TOC
History

  • September 5, 2023
    • Last Version: Extra Cabinet Order No. 392 of 2015
    • Translated Date: January 26, 2023
    • Dictionary Version: 15.0
  • December 14, 2012
    • Last Version: Ordinance of the Ministry of Justice No.5 of 2011
    • Translated Date: March 23, 2012
    • Dictionary Version: 6.0

Ordinance on Real Property Registration
Ordinance of the Ministry of Justice No. 18 of February 18, 2005
Along with the enforcement of the Real Property Registration Act (Act No.123 of 2004) and the Real Property Registration Order (Cabinet Order No.379 of 2004), based on the provisions of said Act and said Order and in order to implement the provisions of said Act and said Order, the Ministerial Ordinance to revise fully the Detailed Regulation for Enforcement of the Real Property Registration Act (Ordinance of the Ministry of Justice No.11 of 1899) shall be hereby established as follows.
Chapter I General Provisions(Articles 1 through 3)
Chapter II Registration Record, etc.
Section 1 Registration Record(Articles 4 through 9)
Section 2 Maps, etc.(Articles 10 through 16-2)
Section 3 Books Related to Registration(Articles 17 through 27-3)
Section 4 Miscellaneous Provisions(Articles 28 through 33)
Chapter III Registration Procedure
Section 1 General Provisions
Subsection 1 General Rules(Articles 34 through 40)
Subsection 2 Electronic Application(Articles 41 through 44)
Subsection 3 Written Application(Articles 45 through 55)
Subsection 4 Acceptance, etc.(Articles 56 through 60)
Subsection 5 Information for Registration Identification(Articles 61 through 69)
Subsection 6 Procedures in Cases Where There is No Provision of Information for Registration Identification(Articles 70 through 72)
Subsection 7 Land Location Pictures, etc.(Articles 73 through 88)
Section 2 Registration of a Description
Subsection 1 General Rules(Articles 89 through 96)
Subsection 2 Registration of Description of Land(Articles 96 through 110)
Subsection 3 Registration of a Building Description(Articles 111 through 145)
Section 3 Registration of a Right
Subsection 1 General Rules(Articles 146 through 156)
Subsection 2 Registration of Ownership(Articles 157 and 158)
Subsection 3 Registration of Usufruct(Articles 159 and 160)
Subsection 4 Registration of Security Interests, etc.(Articles 161 through 174)
Subsection 5 Registration of Trust(Articles 175 through 177)
Subsection 6 Provisional Registration(Articles 178 through 180)
Section 4 Auxiliary Provisions
Subsection 1 Notification(Articles 181 through 188)
Subsection 2 Registration and License Tax(Articles 189 and 190)
Subsection 3 Miscellaneous Provisions(Articles 191 and 192)
Chapter IV Certification, etc. of Matters to Be Registered(Articles 193 through 205)
Chapter V Parcel Boundary Demarcation
Section 1 General Provisions(Article 206)
Section 2 Procedures for Parcel Boundary Demarcation
Subsection 1 Application for Parcel Boundary Demarcation(Article 207 through 213)
Subsection 2 Acceptance, etc. of Application for Parcel Boundary Demarcation(Articles 214 through 217)
Subsection 3 Submission of Opinions or Materials(Articles 218 through 221)
Subsection 4 Date of Hearing of Opinions, etc.(Articles 222 through 226)
Subsection 5 Inspection of Records, etc.(Articles 227 and 228)
Section 3 Parcel Boundary Demarcation(Articles 229 through 232)
Section 4 Retention of Parcel Boundary Demarcation Procedure Records(Articles 233 through 237)
Section 5 Issuance, etc. of a Copy of the Written Report of Parcel Boundary Demarcation, etc.(Articles 238 through 241)
Section 6 Miscellaneous Provisions(Articles 242 through 246)
Supplementary Provisions
Chapter I General Provisions
(Definitions)
Article 1In this Ordinance, the meanings of the terms listed in the following items shall be as prescribed respectively in those items:
(i)order number of priority:the number to be recorded in the rights section pursuant to the provisions of Article 147 (1);
(ii)maps, etc.:a map, building location picture or drawing equivalent to a map;
(iii)electronic application:an application made by the method of using an electronic data processing system pursuant to the provisions of Article 18 (i) of the Real Property Registration Act (hereinafter referred to as the "Act");
(iv)written application:an application made by the method of submitting the application set forth in the following item to a registry office pursuant to the provisions of Article 18 (ii) of the Act;
(v)application:a document stating application information and including a magnetic disk as set forth in Article 18 (ii) of the Act;
(vi)attachments:documents stating attachment information and including a magnetic disk on the which attachment information set forth in Article 15 of the Real Property Registration Order (hereinafter simply referred to as the "Order") is recorded;
(vii)land location picture, etc.:a land location picture, parcel area survey drawing, servitude drawing, building drawing or plain view of each floor;
(viii)real property number:the number, mark or other code to be recorded in the heading section pursuant to the provisions of Article 90; and
(ix)matters related to real property location:the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the real property 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 condominium to which said building belongs as a unit is located), and in the case of land, the parcel number; and in the case of a building, the parcel number of the land where the building is located (in the case of a building which is a condominium unit, the parcel number of the land where the condominium to which said building belongs as a unit is located) and the building number.
(Chronological Order of Registration)
Article 2(1)The chronological order of registrations shall follow the order number of priority between registrations that are made in the same section of the registration record (meaning Section A or Section B set forth in Articles 4 (4); the same shall apply hereinafter) and the acceptance number between registrations that are made in different sections.
(2)With regard to the registration of rights as prescribed in Article 73 (1) of the Act, the chronological order between registrations that have the effect of registrations made for the right of site over the land for which registration for categorization as a right of site has been made pursuant to the provision of Article 46 of the Act, and registrations that are made in the rights section of the registration record of said land shall follow the receipt number.
(Accessory Registrations)
Article 3The following registrations shall be made by accessory registration:
(i)registration of change or registration of correction with regard to the name or address of the registered right holder;
(ii)the following registrations and other registrations of change or registrations of correction of rights in the cases as prescribed in Article 66 of the Act:
(a)registration of change of mortgage by reason of division of the claim;
(b)registration of agreement as set forth in Article 398-8 (1) or (2) of the Civil Code (Act No.89 of 1896) (including cases where these provisions are applied mutatis mutandis pursuant to Article 361 of the Civil Code);
(c)registration of change due to a reduction of the maximum amount that is implemented in cases where a revolving pledge or revolving mortgage is assigned by division as prescribed in Article 398-12 (2) of the Civil Code (including cases where it is applied mutatis mutandis pursuant to Article 361 of said Act); and
(d)registration of the provisions set forth in the proviso to Article 398-14 (1) of the Civil Code (including cases where it is applied mutatis mutandis pursuant to Article 361 of said Act);
(iii)restoration of a cancelled registration that is performed in cases where part of the matters to be registered have been cancelled;
(iv)registration of a right that is established for a right other than ownership (including a registration of restriction of disposition);
(v)registration of transfer of a right other than ownership;
(vi)registration of provisions concerning the extinction of the right that is the purpose of registration;
(vii)registration of subrogation pursuant to the provisions of Article 393 of the Civil Code (including cases where it is applied mutatis mutandis pursuant to Article 361 of said Act);
(viii)registration of the issuance of mortgage securities or preparation of mortgage securities; and
(ix)registration of a special agreement on redemption.
Chapter II Registration Record, etc.
Section 1 Registration Record
(Organization of Registration Records)
Article 4(1)The heading section of the registration record of land shall be categorized by the sections listed in Section I of Appended Table I and matters listed in Section II of said table shall be recorded in the section listed in Section I of said table.
(2)The heading section of the registration record of a building (excluding those buildings set forth in the following paragraph) shall be categorized by the sections listed in Section I of Appended Table II and matters listed in Section II of said table shall be recorded in the sections listed in Section I of said table.
(3)The heading section of the registration record of a building that is a condominium unit shall be categorized by the sections listed in Section I of Appended Table III and matters listed in Section II of said table shall be recorded in the sections listed in Section I of said table.
(4)The rights section shall be categorized into Section A and Section B: matters to be registered in the registration of ownership shall be recorded in Section A and matters to be registered in the registration of rights other than ownership shall be recorded in Section B.
(Transfer or Copy of a Registration Record)
Article 5(1)When a registrar transfers or copies a registration, unless otherwise provided for in the laws and regulations, he/she shall only transfer or copy registrations that are currently effective.
(2)When a registrar transfers or copies a registration, he/she shall record the date at the end of the registration that is newly recorded.
(3)When a registrar transfers a registration, he/she shall close the registration record before the transfer.
(Transfer of a Registration Record due to Excessive Recorded Matters)
Article 6When the handling of recorded matters becomes inconvenient due to an excessive amount of recorded matters in the registration record and other reasons, a registrar may transfer the registration. In this case, the registration of a description and registration of ownership that are not currently effective may also be transferred.
(Record of Registrar Identification Code)
Article 7When a registrar records matters to be registered in the registration record, records cancellation code of matters to be registered, or copies or transfers a registration, he/she shall record his/her registrar identification code. The same shall apply to cases where he/she records matters to be recorded in the inventory of joint securities or inventory of trust or records the cancellation code of matters that have been recorded.
(Closure of a Registration Record)
Article 8When a registrar closes registration records, he/she shall record the reasons for the closure, the date of closure and the cancellation code of the description of real property in the registration record to be closed (excluding matters to be registered listed in Article 27 (i) of the Act); and shall record his/her registrar identification code.
(Deputy Registration Record)
Article 9(1)The Minister of Justice shall prepare a deputy registration record in which the same matters as the matters recorded in the registration record (including matters recorded in an inventory of joint security and an inventory of trust) are recorded.
(2)When a registrar cannot engage in registration affairs using the registration record that is recorded in the registry, he/she may engage in said affairs by using the deputy registration record set forth in the preceding paragraph.In this case, the matters recorded in the deputy registration record shall be deemed to serve as the matters recorded in the registration record.
(3)When a registrar is again able to engage in registration affairs using the registration record that is recorded in the registry, he/she shall immediately record the matters that were recorded in the deputy registration record pursuant to the provisions of the preceding paragraph.
Section 2 Maps, etc.
(Maps)
Article 10(1)A map shall be prepared for each numbered district or appropriate part thereof based on the results of accurate surveys and investigation; provided, however, that if there are special grounds that are found to be appropriate for preparing the map by deeming the whole or part of a numbered district and adjoining districts thereto to be an integrated district, the map may be prepared including said adjoining districts.
(2)The reduction scale of a map shall follow the reduction scales specified in the following items for the areas listed in those items; provided, however, that this shall not apply in cases where it is not appropriate to follow said reduction scale due to the conditions of the land and other circumstances:
(i)urban areas (meaning areas where there is mainly residential land and areas peripheral thereto; the same shall apply hereinafter):1/250th or 1/500th;
(ii)rural and agricultural areas (meaning areas where there are mainly rice fields or other crops and salt and areas peripheral thereto; the same shall apply hereinafter):1/500th or 1/1,000th; and
(iii)forests and wilderness areas (meaning areas where there are forests, stock farms or wilderness and areas peripheral thereto; the same shall apply hereinafter):1/1,000th or 1/2,500th.
(3)The survey for preparing a map shall be based on a triangulation station and GPS-based control station that are the results of a survey at control points pursuant to the provisions of Chapter II of the Survey Act (Act No. 188 of 1949), a control point that is certified pursuant to the provisions of Article 19 (2) of the National Land Survey Act (Act No.180 of 1951) or designated pursuant to the provisions of paragraph (5) of said Article, or a control point that is found to have the same or more accuracy than the previous points (hereinafter collectively referred to as "basic triangulation points, etc.").
(4)The margin of error for the survey of a parcel of land and the measurement of parcel areas in order to prepare a map shall be as follows:
(i)for urban areas: up to the accuracy category A II listed in Appended Table 4 of the Order for Enforcement of the National Land Survey Act (Cabinet Order No.59 of 1952) (hereinafter referred to as the "accuracy category");
(ii)for rural and agricultural areas: up to the accuracy category B II; and
(iii)for forests and wilderness areas: up to the accuracy category B III.
(5)The cadastral map that is sent to a registry office pursuant to the provisions of Article 20 (1) of the National Land Survey Act shall be kept as a map after registration pursuant to the provisions of paragraph (2) or (3) of said Article is completed; provided, however, that this shall not apply in cases where there are special circumstances to find that it is inappropriate to keep it as a map.
(6)The provisions of the preceding paragraph shall apply mutatis mutandis to location pictures for the entire land set forth in Article 5 (2) (iii) of the Land Improvement Registration Order (Cabinet Order No.146 of 1951) or Article 4 (2) (iii) of the Land Readjustment Registration Order (Cabinet Order No.221 of 1955), or other equivalent drawings thereto.
(Building Location Picture)
Article 11(1)A building location picture may be prepared by using a map or a building drawing.
(2)Notwithstanding the provisions of the preceding paragraph, location pictures of all of the buildings set forth in Article 6 (2) of the Cabinet Order on Real Property Registration based on the New Housing and Urban Development Act (Cabinet Order No.330 of 1965) (including cases where it is applied mutatis mutandis pursuant to Articles 11 through 13 of said Order) or other drawings equivalent thereto shall be kept as a building location picture; provided, however, that this shall not apply to cases where there are special circumstances to find that it is inappropriate to keep them as a building location picture.
(Map, etc. Closure)
Article 12(1)In cases where a new map is prepared and a previous map exists, a registrar shall close all or part of said previous map. The same shall apply when a map is recorded as an electromagnetic record.
(2)In cases where a registrar closes a map pursuant to the provisions of the preceding paragraph, he/she shall record the reasons for closure and the date on said map; if said map is a map recorded as an electromagnetic record, he/she shall record his/her registrar identification code; and if said map is categorized as another type of map, he/she shall affix his/her registrar seal.
(3)When a registrar closes part of a previous map, he/she shall take measures to distinguish said closed part and the other parts clearly.
(4)The provisions of the preceding three paragraphs shall apply mutatis mutandis to drawings equivalent to maps and building location pictures.
(Matters to be Recorded on the Map)
Article 13(1)The following matters shall be recorded on the map:
(i)the name of the numbered district;
(ii)the map number (in cases where said map is prepared beyond multiple map borders, the number of each map border);
(iii)the reduction scale;
(iv)the number or mark of the plane rectangular coordinate system as prescribed in Article 2 (1) (i) of the Order for Enforcement of the National Land Survey Act;
(v)the map border lines and their coordinate values;
(vi)the boundaries and parcel number of each piece of land;
(vii)the location of the basic triangulation points, etc.
(viii)the accuracy category;
(ix)the relationship with adjacent map borders; and
(x)the date of preparation.
(2)In cases of a map to be recorded as an electromagnetic record, in addition to matters listed in the preceding items, the coordinate value of each parcel boundary point shall be recorded.
(Matters to be Recorded in a Building Location Picture)
Article 14The following matters shall be recorded in a building location picture:
(i)the name of the numbered district;
(ii)the number of the building location picture;
(iii)the reduction scale;
(iv)the location and building number of each building (in case of a condominium unit, the location of the condominium to which said condominium unit belongs); and
(v)in cases of a building location picture as set forth in Article 11 (2), the date of preparation.
(Map and Building Location Picture Number)
Article 15A registrar shall record the map number set forth in Article 13 (1) (ii) (in cases where it is prescribed in the parentheses of said item, the number of the map border to which said land belongs) in the heading section of the registration record of the land that is recorded in the map and the number set forth in item (ii) of the preceding Article in the heading section of the registration record of the building recorded in a building location picture.
(Deputy Record of Maps, etc.)
Article 15-2(1)The Minister of Justice shall prepare a deputy record of maps, etc. in which the same matters are recorded as those recorded in maps, etc., which are recorded as an electromagnetic record.
(2)The provisions of Article 9 (2) and (3) shall apply mutatis mutandis to cases where a registrar cannot engage in registration affairs using maps, etc. that are recorded as an electromagnetic record.
(Correction of Maps, etc.)
Article 16(1)If there are any errors in the boundaries or parcel number of the land described on a map, the heading-section owner of said land, the registered holder of ownership, or an heir (s) or other general successor (s) thereof may make a notification of correction. The same shall apply to cases where there are any errors in the location, shape or parcel number of the land described on a drawing equivalent to the map.
(2)In cases of making the notification set forth in the preceding paragraph, when there are mistakes with the parcel area of the registration record of said land, the notification set forth in said paragraph shall be made along with an application for registration of correction regarding the parcel area.
(3)The notification set forth in paragraph (1) shall be made by providing information to a registry office, including the following matters (hereinafter referred to as "information for map correction notification"):
(i)the name and address of the applicant;
(ii)if the applicant is a juridical person, the name of a representative person thereof;
(iii)if the application is filed by an agent, the name and address of said agent; and if the agent is a juridical person, the name of a representative person thereof;
(iv)if the applicant is an heir or other general successor of a heading-section owner or a registered holder of ownership, a statement to that effect; and
(v)the content of the correction pertaining to the notification.
(4)The notification set forth in paragraph (1) shall be made using one of the following methods:
(i)a method to provide the information for map correction notification to a registry office using an electronic data processing system as provided for by the Minister of Justice; or
(ii)a method to provide documents stating the information for map correction notification (including a magnetic disk on which all or part of the information for map correction notification is recorded) to a registry office.
(5)When the notification set forth in paragraph (1) is made, the following information shall be provided along with the information for map correction notification:
(i)information certifying that there are errors in the boundaries, location, shape or parcel number of the land described on the map or on a drawing equivalent to the map;
(ii)If there are errors in the boundaries, location or shape of the land described on the map or on a drawing equivalent to the map, a land location picture or a parcel area survey drawing; and
(iii)when an heir (s) or other general successor (s) of a heading-section owner or a registered holder of ownership makes a notification, information certifying that there was an inheritance or other general succession that is prepared by the mayor of municipality (including a mayor of a special ward; for a designated city set forth in Article 252-19 (1) of the Local Autonomy Act (Act No. 67 of 1947), it shall be a ward mayor; the same shall apply hereinafter), registrar or other public officer in the course of his/her duties (in cases where there is no information prepared by a public officer in the course of his/her duties, information in lieu of said information).
(6)The provisions set forth in the main clause of Article 4, Article 7 (1) (i) and (ii) of the Order shall apply mutatis mutandis to cases of making the notification set forth in paragraph (1).
(7)The provisions set forth in Article 36 (1) through (3) shall apply mutatis mutandis to cases specified by an Ordinance of the Ministry of Justice as set forth in Article 7 (1) (i) and (ii) of the Order as applied mutatis mutandis pursuant to the preceding paragraph.
(8)The provisions of Articles 10 through 14 of the Order shall apply mutatis mutandis to cases where the notification set forth in paragraph (1) is made by the method set forth in Article 4 (i).
(9)The provisions of Articles 41 and 44 shall apply mutatis mutandis to the cases prescribed in the preceding paragraph; the provisions of Article 42 shall apply mutatis mutandis to an electronic signature as set forth in Article 12 (1) and (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; and the provisions of Article 43 (2) shall apply mutatis mutandis to an electronic certificate as specified by an ordinance of the Ministry of Justice as set forth in Article 14 of the Order as applied mutatis mutandis pursuant to the preceding paragraph.
(10)The provisions of Article 15, Article 16 (1), Article 17 and Article 18 (1) of the Order shall apply mutatis mutandis to cases where a notification set forth in paragraph (1) is made by the method listed in Article 4 (ii); and the provisions of Article 16 (5) of the Order shall apply mutatis mutandis to cases where a notification set forth in paragraph (1) is made by the method of submitting a magnetic disk on which all of the information for map correction notification as prescribed in paragraph (4) (ii) is recorded.In this case, the term "shall affix the name and seal" in Article 16 (1) and Article 18 (1) of the Order shall be deemed to be replaced with "shall sign and affix the name and seal."
(11)The provisions of Article 45, Article 46 (1) and (2), Article 53 and Article 55 shall apply mutatis mutandis to cases where a notification set forth in paragraph (1) is made by the method listed in Article 4 (ii); and the provisions of Article 51 shall apply mutatis mutandis to cases where a notification set forth in paragraph (1) is made by the method of submitting a magnetic disk as prescribed in Article 4 (ii).In this case, the term "Article 16 (5) of the Ordinance" in Article 51 (7) and (8) shall be deemed to be replaced with "Article 16 (5) of the Order as applied mutatis mutandis pursuant to Article 16 (10)."
(12)When a registrar finds it necessary to correct a map or a drawing equivalent to the map as a result of the investigation of matters pertaining to the notification, he/she shall correct the map or the drawing equivalent to the map.
(13)In the following cases, a registrar shall dismiss the notification set forth in paragraph (1) by decision with a statement of the reasons for said decision:
(i)in cases where the location of the land pertaining to the notification does not fall under the jurisdiction of the registry office which accepted said notification;
(ii)in cases where the notification is made by a person who has no authority to make notification;
(iii)in cases where the information for map correction notification or the method of providing it does not conform to the method specified by the provisions of this Ordinance;
(iv)in cases where the information that shall be provided along with the information for map correction notification pursuant to the provisions of this Ordinance is not provided;
(v)in cases where it is not found that there are errors in the map or in a drawing equivalent to the map as a result of a survey of matters pertaining to the notification; and
(vi)in cases where the boundaries, location or shape of the land other than the land pertaining to the notification are required to be corrected if the map or a drawing equivalent to the map is corrected.
(14)The provisions of Articles 38 and 39 shall apply mutatis mutandis to the notification set forth in paragraph (1).
(15)When a registrar finds that there are errors in the map, etc., he/she may correct them by his/her own authority.
(Change, etc. of Administrative Zone)
Article 16-2The provisions of Article 92 shall apply mutatis mutandis to maps, etc.In this case, the term "registration of change" as used in paragraph (1) of said Article shall be deemed to be replaced with "change" and the term "heading section" as used in paragraph (2) of said Article shall be deemed to be replaced with "map, etc."
Section 3 Books Related to Registration
(Preservation of Application Information, etc.)
Article 17(1)A registrar shall record and preserve application information, attachment information and other annexed documents of registry provided in the form of an electronic application (including records of inspection results of electronic signatures and electronic certificates for this information) on electromagnetic records controlled by the registry office
(2)A registrar shall file and preserve application forms, their attachments and other annexed documents of registry that are submitted in the form of the written application in the books listed in items (ii) through (v) of the following Article in accordance with the provisions of Articles 19 through 22.
(Books)
Article 18A registry office shall keep the following books:
(i)an acceptance record book;
(ii)an application document file;
(iii)a land drawing file;
(iv)a servitude drawing file;
(v)a building drawing file;
(vi)a case book of registration of descriptions by the registrar's own authority, etc.;
(vii)a file of documents, etc. for registration of descriptions by the registrar's own authority;
(viii)a file for original decisions;
(ix)a file of written requests for review;
(x)a book for various types of notifications;
(xi)a file of expired notification documents of information for registration identification;
(xii)a request form file; and
(xiii)a file of written reports on parcel boundary demarcation.
(Acceptance Record Book)
Article 18-2(1)An acceptance record book shall be prepared respectively for applications for registration, notifications of expiration of information for registration identification and certifications of information for registration identification.
(2)The acceptance record book shall be prepared by recording on a magnetic disk or other electromagnetic record, unless it is required to be prepared by means of a document.
(Application Document File)
Article 19In the application document file, application form and attachments, written notices, permits, withdrawal forms or other annexed documents of registry (including documents prepared by a registrar in order to handle cases pertaining application; and excluding documents to be filed in the books set forth in items (iii) through (v) and (vii) of the preceding Article pursuant to the provisions of this Ordinance) shall be filed.
(Land Drawing File)
Article 20(1)In the land drawing file, land location pictures and parcel area survey drawings (limited to cases where these are documents) shall be filed.
(2)Notwithstanding the provisions of Article 17 (2), a registrar may record and preserve land location pictures and parcel survey drawings in the electromagnetic record set forth in paragraph (1) of said Article.
(3)When a land location picture and parcel area survey drawing are recorded and preserved in an electromagnetic record pursuant to the provisions of the preceding paragraph, a registrar shall file the land location picture and parcel area survey drawing set forth in paragraph (1) in the application document file.
(Servitude Drawing File)
Article 21(1)In the servitude drawing file, servitude drawings (limited to cases where they are documents) shall be filed.
(2)The provisions of paragraphs (2) and (3) of the preceding Article shall apply mutatis mutandis to the servitude drawings set forth in the preceding paragraph.
(Building Drawing File)
Article 22(1)In the building drawing file, building drawings and plain views of each floor (limited in cases where they are documents) shall be filed.
(2)The provisions of Article 20 (2) and (3) shall apply mutatis mutandis to the building drawings and plain views of each floor set forth in the preceding paragraph.
(File of Documents for Registration of Descriptions by the Registrar's Own Authority)
Article 23In the file of documents, etc. for registrations of descriptions by the registrar's own authority, registrations of descriptions by the registrar's own authority and documents concerning the correction of maps and other drawings shall be filed in accordance with the order of the number provided when a case was established (hereinafter the number shall be referred to as the "case number").
(File for Original Decisions)
Article 24In the file for original decisions, originals of written decisions of the decision to dismiss an application or notification shall be filed.
(File of Written Requests for Review)
Article 25In the file of written requests for review, written requests for review and other documents related to cases of requests for review shall be filed.
(File of Expired Notification Documents of Information for Registration Identification)
Article 26(1)In the file of expired application documents of information for registration identification, documents related to notifications of expiration of information for registration identification shall be filed.
(2)In cases where a notification of expiration of information for registration identification is made by the method of using an electronic data processing system, documents on which the content of the information pertaining to said notification is output shall be filed in the file of expired notification documents of information for registration identification.
(Request Form File)
Article 27(1)In the request form file, documents pertaining to the following requests shall be filed:
(i)requests for the issuance of a certificate of registered matters;
(ii)requests for the issuance of documents stating the outline of matters recorded in the registration record (hereinafter referred to as the "written outline of registered matters");
(iii)requests for the issuance of all or part of copies of maps, etc. (if the maps, etc. are recorded in an electromagnetic record, a document certifying the content of said recorded information);
(iv)requests for inspection of maps, etc.;
(v)requests for the issuance of all or part of copies of land location pictures, etc. (if the land location pictures, etc. are recorded in an electromagnetic record, a document certifying the content of said recorded information);
(vi)requests for inspection of annexed documents of registry;
(vii)requests for certificates on information for registration identification;
(viii)requests for the issuance of all or part of copies of written reports on parcel boundary demarcation, etc. (if the written reports on parcel boundary demarcation, etc. are prepared in an electromagnetic record, a document certifying the content of said recorded information); and
(ix)requests for inspection of parcel boundary demarcation procedure records.
(2)In cases where a request listed in items of the preceding paragraph is made by the method of using an electronic data processing system, a document in which the content of information pertaining to said request is output shall be filed in the request form file.
(File of Written Report of Parcel Boundary Demarcation)
Article 27-2In the file of written reports on parcel boundary demarcation, written reports on parcel boundary demarcation (if the written reports on parcel boundary demarcation are prepared in an electromagnetic record, a document in which the content is output) and a copy of written reports on parcel boundary demarcation that are sent pursuant to the provisions of the second sentence of Article 233 (2) or the second sentence of paragraph (3) of said Article (if the written reports on parcel boundary demarcation are prepared in the form of an electromagnetic record, a document in which the content is output) shall be filed.
(Deputy Record of Land Location Pictures, etc.)
Article 27-3(1)The Minister of Justice shall prepare a deputy record of land location pictures, etc. in which the same matters are recorded as those recorded in the land location pictures, etc. that are recorded in an electromagnetic record as set forth in Article 17 (1).
(2)The provisions of Article 9 (2) and (3) shall apply mutatis mutandis to cases where a registrar cannot engage in registration affairs using land location pictures, etc. that are recorded in an electromagnetic record as set forth in Article 17 (1).
Section 4 Miscellaneous Provisions
(Preservation Period)
Article 28The preservation period of information listed in the following items shall be as specified in those items:
(i)registration records (excluding a closed registration record (meaning a registration record that is closed; the same shall apply hereinafter)):permanent;
(ii)maps and drawings equivalent to the map (including those that are closed):permanent;
(iii)building location pictures (including those that are closed):permanent;
(iv)closed registration records of land:fifty years from the date of closure;
(v)closed registration records of a building:thirty years from the date of closure;
(vi)inventories of joint security:ten years from the date when all matters recorded in said inventory of joint security are cancelled;
(vii)inventories of trust:twenty years from the date when the registration of trust is cancelled;
(viii)information recorded in the acceptance record book:ten years from the year following acceptance (if it is an acceptance record book pertaining to a request for a certification concerning information for registration identification, one year from the year following acceptance);
(ix)application information for registration of a description and attachment information:thirty years from the date of acceptance (if the information is filed in the application document file pursuant to the provisions of Article 20 (3) (including cases where it is applied mutatis mutandis pursuant to Article 22 (2)), thirty years from the date when it is recorded and preserved in an electromagnetic record);
(x)application information for registration of rights and attachment information (including information other than application information and attachment information that is stated in the documents filed in the application document file; the same shall apply in the following item):thirty years from the date of acceptance (if the information is filed in the application document file pursuant to the provisions of Article 20 (3) as applied mutatis mutandis pursuant to Article 21 (2), thirty years from the date when they are recorded and preserved in an electromagnetic record);
(xi)information recorded in the case book of registration of description by the registrar's own authority, etc.:five years from the date when the case is established;
(xii)information stated in the documents that are filed in the file of documents, etc. for registration of description by the registrar's own authority:thirty years from the date when the case is established;
(xiii)land location pictures, parcel area survey drawings, building drawings or plain views of each floor (excluding those that are filed in the application document file pursuant to the provisions of Article 20 (3) (including cases as applied mutatis mutandis pursuant to Article 22 (2)):permanent (if they are closed, thirty years from the date of closure);
(xiv)servitude drawings (excluding drawings filed in the application document file pursuant to the provisions of Article 23 (3) as applied mutatis mutandis pursuant to Article 21 (2)):thirty years from the date of closure;
(xv)information stated in the documents that are filed in the file for original decisions or the file of written requests for review:five years from the year following the decision to dismiss the application or notification, or from the year following the acceptance of the request for review;
(xvi)information recorded in a book for various types of notifications:one year from the year following the notification;
(xvii)information on notification of expiration of information for registration identification:ten years from the date of acceptance of said notification; and
(xviii)information stated in the documents that are filed in the request form file:one year from the date of acceptance.
(Disposal of Records)
Article 29When a registry office disposes of electromagnetic records, books or documents concerning registration, the approval of the Director of the relevant Legal Affairs Bureau or District Legal Affairs Bureau shall be obtained.
(Loss, etc. of Registration Records)
Article 30(1)When a registration record or map, etc. is lost, a registrar shall promptly investigate the situation and report to the Director of the relevant Legal Affairs Bureau or District Legal Affairs Bureau that supervises said registrar.
(2)When the Director of the relevant Legal Affairs Bureau or District Legal Affairs Bureau set forth in the preceding paragraph receives the report set forth in said paragraph, he/she shall conduct a reasonable inspection and state his/her opinion to the Minister of Justice.
(3)The provisions of the preceding two paragraphs shall apply mutatis mutandis to when a registration record, map, etc. or annexed document of registry is likely to be lost.
(Prohibition of Removal)
Article 31(1)Registries, maps, etc. and annexed documents of registry shall not be removed from the registry office, excluding those cases where they are removed from the registry office in order to avoid an incident.
(2)Notwithstanding the provisions of the preceding paragraph, when there is an order or commission of a court to send an annexed document of registry, a registrar shall send the annexed document of registry limited to the part related to the order.In this case, when said annexed document of registry is recorded in an electromagnetic record, the registrar shall output the content of the information recorded in the electromagnetic record with respect to the part related to the order and send the document.
(3)When a registry, map, etc. or annexed document of registry is removed from the registry office in order to avoid an incident, a registrar shall promptly report to the Director of the relevant Legal Affairs Bureau or District Legal Affairs Bureau that supervises said registrar to that effect.
(Transfer of Registration Records, etc. due to Transfer of Jurisdiction)
Article 32(1)When the location of a real property is transferred from the jurisdiction of registry office A to the jurisdiction of registry office B, the registrar of registry office A shall transfer the registration record (including an inventory of joint security and inventory of trust; the same shall apply in the following paragraph), map, etc. and annexed document of registry (including maps, etc. and annexed documents of registry that are recorded in an electromagnetic record) of said real property to registry office B.
(2)In the cases set forth in the preceding paragraph, a registrar of registry office A shall close the transferred registration record and map, etc. and land location picture, etc. that are recorded in an electromagnetic record.
(Transfer of Inventories of Joint Security, etc. due to Transfer of Jurisdiction)
Article 33(1)When registry office B receives a transferred inventory of joint securities pursuant to the provisions of paragraph (1) of the preceding Article, a registrar of registry office B shall revise the mark of said inventory of joint security and the inventory number as necessary and change the previous mark of inventory of joint security and the inventory number in Section B of the transferred registration record to a new code and inventory number.
(2)The provisions of the preceding paragraph shall apply mutatis mutandis to inventories of trust.In this case, the term "mark and inventory number" as used in said paragraph shall be deemed to be replaced with "inventory number" and the term "Section B" as used in said paragraph shall be deemed to be replaced with "corresponding section."
(3)The provisions of paragraph (1) shall apply mutatis mutandis to servitude drawings.In this case, the term "mark and inventory number" as used in said paragraph shall be deemed to be replaced with "number."
Chapter III Registration Procedure
Section 1 General Provisions
Subsection 1 General Rules
(Application Information)
Article 34(1)The application for registration shall include the following matters as the content of the application information:
(i)telephone number or other point of contact of an applicant or agent;
(ii)in cases of an application for registration of a parcel subdivision, the code set forth in Article 78;
(iii)in cases of an application for registration of a separation of buildings or a registration of division into units, the code set forth in Article 84;
(iv)if there is an annex building, the distinction between the principal building and annex building and the code set forth in Article 112 (2);
(v)if it is a condominium unit with registered right of site, the code set forth in Article 118 (i) (a);
(vi)description of attachment information;
(vii)date of application; and
(viii)description of the registry office.
(2)The matters for real property identification as prescribed in Article 6 (1) of the Order shall be the real property number.
(3)In cases where the matters specified in the items of Article 6 (1) of the Order or items of paragraph (2) of said Article pertain to a real property in the jurisdictional district of a registry office other than the registry office that accepts the application, the provisions of said Article shall apply; limited to cases where the description of said registry office other than the registry office that accepts the application is included in the content of the application information along with the real property number of said real property.
(4)Notwithstanding the provisions of Article 6 (1) (i) or (ii) of the Order, in cases where an application is filed for a heading registration of a real property, where the person listed in Article 74 (1) (ii) or (iii) of the Act files an application for registration of preservation of ownership for a real property without a heading registration, and where the registration of restriction on the disposition of ownership for a real property without a heading registration is commissioned, the matters listed in Article 3 (vii) or (viii) of the Order shall be the content of the application information.
(Where Multiple Applications May Be Filed Based on a Single Set of Application Information)
Article 35The cases specified by an ordinance of the Ministry of Justice set forth in the proviso to Article 4 of the Order shall be as follows:
(i)in cases where it is intended to subdivide part of a piece of land and consolidate the land with other land, when applications for a registration of subdivision and a registration of consolidation are filed;
(ii)in cases where it is intended to separate an annex building of building A from the registration record of building A and make the separated building an annex building of building B, when applications for a registration of separation of building and a registration of merger of buildings are filed;
(iii)in cases where it is intended to separate an annex building (limited to a condominium unit) of building A from the registration record of building A and to merge the annex building with an annex building of building B (limited to cases where building B or the annex building of building B is a condominium unit adjoining the annex building of building A), when applications for a registration of separation of building and a registration of merger of buildings are filed;
(iv)in cases where it is intended to divide building A into units and to make part of the units into an annex building of building B, when applications for a registration of division into units and a registration of merger of buildings are filed;
(v)in cases where it is intended to divide building A into units and to merge part of the units with building B or an annex building of building B (limited to cases where building B or the annex building of building B is a condominium unit adjoining with said part), when applications for a registration of division into units and a registration of merger of buildings are filed;
(vi)in cases where all of two or more registrations for which applications are to be made for the same real property are registrations of change or registrations of correction to the matters to be registered for the heading section of the real property;
(vii)in cases where two or more registrations for which applications are to be made for the same real property are registrations of change or registrations of correction to matters to be registered for the heading section of the real property and registrations of subdivision or registrations of consolidation of land, or registrations of division into units or registrations of a merger of buildings;
(viii)in cases where all of the two or more registrations for which applications are to be made for one or two or more real properties in the jurisdictional district of the same registry office are registrations of change or registrations of correction with respect to the name or address of the same registered right holder;
(ix)in cases where the purpose of registration, cause of registration and the date of two or more of registrations of rights for which applications are to be made with respect to the same real property (excluding the registrations set forth in the preceding item) are the same; and
(x)in cases where registrations for which applications are to be made for two or more real properties in the jurisdictional district of the same registry office are registrations concerning the registered statutory lien, pledge or mortgage (hereinafter collectively referred to as "security interests") to secure the same claim, and have the same purpose of registration.
(Omission of Information for Qualification Certificate)
Article 36(1)The cases specified by an ordinance of the Ministry of Justice set forth in Article 7 (1) (i) of the Order shall be as follows:
(i)in cases where the registry office that accepts an application is the same registry office that accepted the registration of said juridical person (limited to registrations including the name and address of a representative person of said juridical person; the same shall apply in the following item, Article 193 (5), Article 209 (1) (i), Article 227 (4), Article 238 (5) and Article 243 (1)) and is other than the registry office designated by the Minister of Justice;
(ii)in cases where the registry office that accepts an application is a registry office designated by the Minister of Justice as equivalent to the registry office that is the same as the registry office, which accepted the registration of said juridical person; and
(iii)in cases where the manager or other agent of a juridical person who can file an application for registration pursuant to the provisions of laws and regulations files an application for registration on behalf of said juridical person.
(2)The cases specified by an ordinance of the Ministry of Justice set forth in Article 7 (1) (ii) of the Order shall be the following in cases where the manager or other agent of a juridical person who can file an application for registration pursuant to the provisions of laws and regulations files an application for registration on behalf of said juridical person:
(i)when the registry office that accepts the application is the same as the registry office that accepted the registration of said agent for said juridical person and is other than the registry office designated by the Minister of Justice; and
(ii)when the registry office that accepts the application is a registry office designated by the Minister of Justice as equivalent to the same registry office that accepted the registration of said agent for said juridical person.
(3)The designation set forth in the preceding two paragraphs shall be made by public notice.
(4)The information specified by an ordinance of the Ministry of Justice as set forth in Article 9 of the Order shall be the resident's card code as prescribed in Article 7 (xiii) of the Residential Basic Book Act (Act No. 81 of 1967); provided, however, that in cases where it is required to provide information certifying that there are changes, errors or omissions with respect to the address, it shall be limited to the information which can confirm that there are changes, errors or omissions with respect to said address.
(Omission of Attachment Information)
Article 37(1)In cases where two or more applications are filed simultaneously to the same registry office, when there is attachment information common to each application, it shall be sufficient to provide said attachment information with the application information of one application.
(2)In the cases set forth in the preceding paragraph, the fact that said attachment information has been provided with said application information of one application shall be included in the content of the application information of the other application.
(Application Dismissal)
Article 38(1)When a registrar dismisses an application, he/she shall prepare and issue a written decision to each applicant; provided, however, that in cases where the application is filed by an agent, it shall be sufficient to issue a written decision to said agent.
(2)The issuance set forth in the preceding paragraph shall be made by the method of sending said written decision.
(3)In cases where a written application is filed, when a registrar dismisses the application, he/she shall return the attachments; provided, however, that this shall not apply to fraudulent documents or other documents that are suspected to have been used for an application for wrongful registration.
(Application Withdrawal)
Article 39(1)An application shall be withdrawn in accordance with the application categories listed in the following items and by the method specified in those items:
(i)electronic application:by the method of providing the information to a registry office that the application is withdrawn using an electronic data processing system as provided for by the Minister of Justice; or
(ii)written application:by the method of submitting documents to a registry office in which the information that the application is withdrawn is stated.
(2)The application shall not be withdrawn after the registration is completed.
(3)In cases where a written application is filed and the application is withdrawn, a registrar shall return the application form and its attachments. The provisions of the proviso to paragraph (3) of the preceding Article shall apply mutatis mutandis to this case.
(Transfer, etc. over Multiple Jurisdictional Districts)
Article 40(1)In cases where an application for registration is filed in accordance with the provisions of Article 6 (3) of the Act, when another registry office is designated as the registry office set forth in paragraph (2) of said Article, a registrar of the registry office that accepted the application for registration shall transfer the case pertaining to said application to the designated other office.
(2)When a registrar transfers the case pursuant to the provisions of the preceding paragraph, he/she shall notify the applicant to that effect.
(3)When a registrar of the registry office that is designated as the registry office set forth in Article 6 (2) of the Act completes the registration of the real property pertaining to said designation, he/she shall promptly notify the other registry office to that effect.
(4)A registrar of the registry office that receives the notification set forth in the preceding paragraph shall enter the notified matters in the book of the appropriate format.
Subsection 2 Electronic Application
(Electronic Application Method)
Article 41Application information in the form of an electronic application shall be transmitted as provided for by the Minister of Justice. The same shall apply to attachment information to be transmitted with the application information pursuant to the provisions of Article 10 of the Order.
(Electronic Signature)
Article 42The electronic signature set forth in Article 12 (1) and (2) of the Order shall be a measure, which is a method in conformance with Annex D of X5731-8 of the Japan Industrial Standards (hereinafter referred to as "JIS") based on the Industrial Standardization Act (Act No. 185 of 1949) and the value of the length of "n" as specified in said Annex is 1024 bit or 2048 bit, taken with respect to information that can be recorded in an electromagnetic record.
(Electronic Certificate)
Article 43(1)In cases where an applicant who falls under the persons listed in Article 47 (iii) (a) through (d), his/her representative person or agent (excluding an agent privately appointed; the same shall apply in Article 47 (ii) and (iii) and Article 49 (1) (i) and (ii)) affixes an electronic signature to application information or to information certifying the authority vested in an agent privately appointed, the electronic certification specified by the ordinance of the Ministry of Justice set forth in Article 14 of the Order shall be the following electronic certificates; provided, however, that the electronic certificate listed in item (iii) shall be limited to cases where it is impossible to obtain the electronic certificates listed in items (i) and (ii):
(i)an electronic certificate that is prepared based on the provisions of Article 3 (1) of the Act on Certification Business of Local Governments in Relation to Electronic Signatures (Act No. 153 of 2002);
(ii)if the person who affixed the electronic signature is the person submitting a seal impression as prescribed in Article 12-2 of the Commercial Registration Act (Act No. 125 of 1963) (including cases where it is applied mutatis mutandis pursuant to other laws and regulations), an electronic certificate as prescribed in Article 33-8 (2) of the Rules of Commercial Registration (Ordinance of the Ministry of Justice No. 23 of 1964) (including cases where it is applied mutatis mutandis pursuant to other laws and regulations);
(iii)an electronic certificate prepared by the accredited certification business operator as prescribed in Article 8 of the Act on Electronic Signatures and Certification Services (Act No. 102 of 2000) (meaning an electronic certificate as prescribed in Article 4 (i) of the Ordinance of Enforcement of the Act on Electronic Signatures and Certifications Services (Ordinance of Ministry of Internal Affairs, Ministry of Justice and Ministry of Economy, Trade and Industry No. 2 of 2001) and other electronic certification that is specified by the Minister of Justice as a certificate to confirm the person who affixed an electronic signature by name, address, date of birth or other matters; or
(iv)in cases where a government agency or public office has made a commission, an electronic certificate prepared by the government agency or public office, with which a registrar can confirm the person who affixed the electronic signature.
(2)In cases other than the cases prescribed in the main clause of the preceding paragraph, the electronic certificate specified by an ordinance of the Ministry of Justice set forth in Article 14 of the Order shall be the electronic certificate listed in items of the preceding paragraph or what is specified by the Minister of Justice as an electronic certificate equivalent thereto.
(Omission of Information for an Address Certificate)
Article 44(1)When an applicant for an electronic application provides his/her electronic certificate as listed in paragraph (1) (i) of the preceding Article, said provision of an electronic certificate may be substituted for the provision of information certifying the current address of said applicant.
(2)When an applicant for an electronic application provides his/her electronic certificate as listed in paragraph (1) (ii) of the preceding Article, said provision of an electronic certificate may be substituted for the provision of information certifying the qualifications of the representative person of said applicant.
(3)The provisions of the preceding paragraph shall apply mutatis mutandis to information certifying the authority of representation that a registrar can confirm with an electronic certificate as set forth in said paragraph.
Subsection 3 Written Application
(Characters of the Application Form, etc.)
Article 45(1)The characters stated in an application form (excluding a magnetic disk on which all application information is recorded; the same shall apply hereinafter in this subsection (excluding Article 53)) or other documents for registration shall be printed clearly.
(2)When the characters stated in the document set forth in the preceding paragraph are corrected, added or deleted, parentheses shall be provided before and after the corrected or deleted characters to clarify the range; the number of corrected, added or deleted characters shall be stated in the margin of the page; and a seal shall be affixed to the part stating the number of characters in the margin of a page or to the part of said correction, addition or deletion.In this case, the corrected or deleted characters shall remain readable.
(Tally, etc.)
Article 46(1)When there are two or more sheets in the application form, the applicant or his/her representative person or agent shall seal tallies across the boundary of each of the contiguous sheets.
(2)In cases where there are two or more applicants or their representative persons or agents, it shall be sufficient that one of them affix the tally set forth in the preceding paragraph; provided, however, that in cases where the person entitled to register and the person obliged to register jointly file an application for registration, each one of the person entitled to register or his/her representative person or agent and the person obliged to register or his/her representative person or agent shall seal said tally.
(3)In cases where there are two or more sheets of documents stating the information to be recorded in an inventory of trust listed in the attachment information section in paragraph (lxv) of the Appended Table of the Order, the applicant or his/her representative person or agent shall state the number on each sheet to identify the number of the sheet from the top and seal a tally across the boundary of each of the contiguous sheets.In this case, the provisions of the preceding paragraph shall apply mutatis mutandis.
(Cases Where a Signature or Seal on the Application Form is Not Required)
Article 47The cases specified by an ordinance of the Ministry of Justice as set forth in Article 16 (1) of the Order shall be the following cases:
(i)in cases where a privately appointed agent signed the application form;
(ii)in cases where an application form that the applicant or his/her representative person or agent signed is certified by a notary or a person equivalent thereto; and
(iii)in cases where the applicant falls under none of the following persons and said applicant or his/her representative person or agent signed the application form (excluding cases listed in the preceding item):
(a)a registered holder of ownership (including a registered right holder of provisional registration of ownership) who files an application for the following registrations:
1.a registration of right for which said registered right holder becomes a person obliged to register (excluding a registration of change and registration of correction of an obligor of security interest (excluding revolving mortgages and revolving pledges);
2.a registration of change of right pertaining to the provisions on prohibition of partition of property in co-ownership;
3.a cancellation of registration of ownership in cases where there is no registration of transfer of ownership;
4.a registration of change of right as a result of a trust by the method listed in Article 3 (iii) of the Trust Act (Act No. 108 of 2006);
5.a cancellation of provisional registration (limited to a cancellation applied independently by a registered right holder of the provisional registration of ownership pursuant to the provisions of the first sentence of Article 110 of the Act); and
6.a registration of parcel consolidation, registration, etc. by reason of combination or registration of merger of buildings:
(b)a registered holder of ownership who files an application for a registration of change or registration of correction concerning the obligor of security interests (excluding revolving mortgages and revolving pledges) without providing information for registration identification pursuant to the provisions of the proviso to Article 22 of the Act;
(c)a registered right holder of a right other than ownership who files an application for registration of a right for which said registered right holder becomes a person obliged to register without providing information for registration identification pursuant to the provisions of the proviso to Article 22 of the Act;
(d)a registered right holder of a right other than ownership who files an application for registration of change of a right as a result of a trust that is made by said registered right holder by the method listed in Article 3 (iii) of the Trust Act without providing information for registration identification pursuant to the provisions of the proviso to Article 22 of the Act; and
(e)an applicant who is to receive notification of information for registration identification pursuant to the provisions of main clause of Article 21 of the Act.
(Cases Where a Certificate of Seal Impression is Not Required to be Attached to the Application Form)
Article 48(1)The cases specified by an ordinance of the Ministry of Justice as set forth in Article 16 (2) of the Order shall be the following cases:
(i)in cases where a registry office that accepts an application is the same registry office as the one that is to prepare the certificate of seal impression to be attached and that is other than the registry office designated by the Minister of Justice;
(ii)in cases where an application which the applicant or his/her representative person or agent has signed or sealed is certified by a notary or a person equivalent thereto;
(iii)in cases where a certificate of a seal impression for a seal that is affixed on the application form for an application, which is filed by a person appointed by the court in the course of his/her duties, and that is prepared by a court clerk in accordance with Supreme Court Rules is attached;
(iv)in cases where an applicant falls under the person listed in item (iii) (e) of the preceding Article (excluding cases where an applicant falls under the person listed in (a)6. of said item); and
(v)in cases where an applicant falls under none of the persons listed in item (iii) (a) through (d) of the preceding Article (excluding cases listed in the preceding item).
(2)The designation set forth in the preceding paragraph shall be made by public notice.
(Special Provisions on Signatures and Seals, etc. to a Letter of Attorney)
Article 49(1)The cases specified by an ordinance of the Ministry of Justice as set forth in Article 18 (1) of the Order shall be as follows:
(i)in cases where a document stating the information certifying the authority of a privately appointed agent which the applicant or his/her representative person or agent signed (hereinafter referred to as "Letter of Attorney") is certified by a notary or a person equivalent thereto;
(ii)in cases where an applicant falls under none of the persons listed in Article 47 (iii) (a) through (e) and said applicant or his/her representative person or agent signed on the letter of attorney; and
(iii)in cases where the agent (limited to a privately appointed agent), in cases where the application is filed by a subagent, signs the document certifying the authority of the subagent.
(2)The cases specified by an ordinance of the Ministry of Justice as set forth in Article 18 (2) of the Order shall be as follows:
(i)in cases where the registry office that accepts an application is the same registry office as the one that is to prepare the certificate of seal impression to be attached and that is other than the registry office designated by the Minister of Justice;
(ii)in cases where a letter of attorney which an applicant or his/her representative person or agent signed and sealed is certified by a notary or a person equivalent thereto;
(iii)in cases where a certificate of a seal impression for a seal affixed on the letter of attorney for an application, which is filed by a person appointed by the court in the course of his/her duties, and that is prepared by a court clerk in accordance with Supreme Court Rules is attached;
(iv)in cases listed in paragraph (1) (iv) and (v) of the preceding Article; and
(v)in cases where an agent (limited to a privately appointed agent), in cases where an application is filed by a subagent, signed on the document certifying the authority of the subagent.
(3)The designation set forth in the preceding paragraph shall be made by public notice.
(Special Provisions on Signatures and Seals, etc. to Written Approvals)
Article 50(1)The cases specified by an ordinance of the Ministry of Justice as set forth in Article 19 (1) of the Order shall be the cases where a document that is signed by the person who prepared the document stating the information certifying consent or approval is certified by a notary or a person equivalent thereto.
(2)The provisions of Article 48 (1) (i) through (iii) shall apply mutatis mutandis to cases specified by an ordinance of the Ministry of Justice as set forth in Article 19 (2) of the Order.In this case, the term "application form" as used in Article 48 (1) (ii) shall be deemed to be replaced with "document stating the information certifying consent or approval" and the term "application form for an application" as used in item (iii) of said paragraph shall be deemed to be replaced with "document stating the information certifying consent, consent on approval or approval."
(3)The provisions of Article 48 (2) shall apply mutatis mutandis to the designation set forth in Article 48 (1) as applied mutatis mutandis pursuant to the preceding paragraph.
(Magnetic Disk on which Application Information is Recorded)
Article 51(1)Applications by the method of submitting a magnetic disk as prescribed in Article 18 (ii) of the Act shall be filed at the registry office designated by the Ministry of Justice.
(2)The designation set forth in the preceding paragraph shall be made by public notice.
(3)The magnetic disk set forth in paragraph (1) shall fall under any of the following structures:
(i)a 90-millimeter flexible disk cartridge conforming to JIS X6223; or
(ii)a 120 millimeter optical disk conforming to JIS X0606.
(4)A document stating the name of the applicant and date of application shall be affixed on the magnetic disk set forth in paragraph (1).
(5)The application information shall be recorded on the magnetic disk set forth in paragraph (1) as provided for by the Minister of Justice.
(6)The magnetic disk on which all of the application information is recorded shall be prepared as provided for by the Minister of Justice.
(7)The provisions of Article 42 shall apply mutatis mutandis to the electronic signature set forth in Article 12 (1) of the Order as applied mutatis mutandis pursuant to Article 16 (5) of the Order.
(8)The provisions of Article 43 shall apply mutatis mutandis to the electronic certificate set forth in Article 14 of the Order as applied mutatis mutandis pursuant to Article 16 (5) of the Order; provided, however, that said electronic certificate shall include an electronic certificate by a designated notary as prescribed in Article 3 (1) of the Ministerial Ordinance on Affairs Related to Electromagnetic Records by a Designated Notary (Ordinance of the Ministry of Justice No.24 of 2001).
(9)The provisions of Article 44 shall apply mutatis mutandis to providing the electronic certificate set forth in the preceding paragraph.
(10)In cases where a magnetic disk is submitted on which part of the application information is recorded, even if the name of the applicant is recorded on said magnetic disk, the name of the applicant shall be stated in the application form.In this case, if there are two or more applicants, it shall be sufficient to state the name of one of the applicants.
(Magnetic Disk Attachable to Application Form)
Article 52(1)The provisions of paragraph (3) through (7) of the preceding Article shall apply mutatis mutandis to magnetic disks on which the attachment information set forth in Article 15 of the Order is recorded
(2)The electronic certificate set forth in Article 14 of the Order as applied mutatis mutandis pursuant to the second sentence of Article 15 of the Order shall be an electronic certificate as prescribed in Article 43 (1) or (2) and be provided for by the Minister of Justice.
(Sending Method of Application Forms, etc.)
Article 53(1)When a person who intends to file an application for registration sends the application form and its attachments, it shall be done by registered mail or by a service of correspondence delivery as prescribed in Article 2 (2) of the Act on Letter Service by Private Business Operators (Act No. 99 of 2002), which is made by a general correspondence delivery service operator as prescribed in Article 2 (6) of said Act or a specified correspondence delivery service operator as prescribed in Article 2 (9) of said Act (hereinafter collectively referred to as "correspondence delivery service operators") (hereinafter such correspondence delivery service shall be referred to as "correspondence delivery"), where said correspondence delivery service operator records the acceptance and delivery.
(2)In cases of the preceding paragraph, the fact that an application form for the registration of real property is enclosed shall be clearly indicated on the front side of the envelope in which the application and its attachments are placed.
(Request for Issuance of a Receipt)
Article 54(1)An applicant who has filed a written application may request the issuance of a receipt of the application form and its attachments during the time until the registration pertaining the application is complete.
(2)An applicant who requests the issuance of a receipt pursuant to the provisions of the preceding paragraph shall submit a document stating the same content as that for the application form; provided, however, that if there are two or more applicants, with regard to the statement of the applicant on said document, it shall be sufficient to state the name of the person stated at the top of the application form and the number of other applicants.
(3)In cases where there is a request pursuant to the provisions of paragraph (1), a registrar shall state the date of acceptance of the application, the acceptance number and his/her title and name and affix his/her official seal on the document submitted pursuant to the provisions of the preceding paragraph, prepare a receipt, and issue said receipt.
(Request for Return of Original Attachments)
Article 55(1)An applicant who filed a written application may request the return of the original attachments to the application form (excluding magnetic disks); provided, however, that this shall not apply to the certificate of seal impression set forth in Article 16 (2), Article 18 (2) or Article 19 (2) of the Order, Article 48 (1) (iii) (including cases as applied mutatis mutandis pursuant to Article 50 (2)) or Article 49 (2) (iii) of this Ordinance and letters of attorney and other documents prepared only for said application.
(2)An applicant who requests the return of original attachments pursuant to the provisions of the main clause of the preceding paragraph shall submit a transcript stating that the transcript is consistent with the original copy.
(3)In cases where there is a request set forth in the provisions of the main clause of paragraph (1), a registrar shall return the original document pertaining to said request after the investigation is completed. In this case, he/she shall verify the transcript set forth in the preceding paragraph with the original document pertaining to said request and confirm that this content is consistent, and then he/she shall state that the original copy has been returned on the transcript set forth in said paragraph and affix his/her registrar seal thereon.
(4)The transcript set forth in paragraph (2) on which a registrar seal is affixed pursuant to the provisions of the second sentence of the preceding paragraph shall be filed in the application document file after the registration is completed.
(5)Notwithstanding the provisions of the first sentence of paragraph (3), a registrar shall not return a fraudulent document or other documents that are suspected to have been used for an application for wrongful registration.
(6)The return of an original copy pursuant to the provisions of paragraph (3) may be made by the method of sending the original copy based on the notification of the applicant.In this case, the applicant shall also indicate the sending address.
(7)In the cases set forth in the preceding paragraph, the documents shall be sent to the address set forth in said paragraph by registered mail or by a service of correspondence delivery where the correspondence delivery service operator records the acceptance and delivery.
(8)The costs required for the sending of documents set forth in the preceding paragraph shall be paid by the method of submitting postage stamps or an identification card which can be used as payment of the fee for the service of correspondence delivery and that is designated by the Minister of Justice.
(9)The designation set forth in the preceding paragraph shall be made by public notice.
Subsection 4 Acceptance, etc.
(Application Acceptance)
Article 56(1)When application information is provided, a registrar shall record in the acceptance record book the purpose of registration, date of acceptance of registration, acceptance number and matters related to real property location.
(2)In cases where a registrar accepts a written application pursuant to the provisions of the preceding paragraph, he/she shall record the date of acceptance and acceptance number on the application form (in cases of an magnetic disk on which all of the application information is recorded, on an appropriate sheet).
(3)The acceptance number shall be updated every year.
(4)The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to the following cases:
(i)in cases where there is a permission as set forth in Article 67 (2) of the Act;
(ii)in cases where it is intended to cancel a registration pursuant to the provisions of Article 71 of the Act;
(iii)in cases where there is an order set forth in Article 157 (3) or (4) of the Act; and
(iv)in cases where there is a notification set forth in Article 110 (3) (including cases where it is applied mutatis mutandis pursuant to Article 144 (2)), Article 119 (1), Article 124 (8) (including cases where it is applied mutatis mutandis pursuant to Article 120 (7), Article 126 (3), Article 134 (3) and Article 145 (1)), Article 159 (2) (including cases where it is applied mutatis mutandis pursuant to paragraph (4) of said Article) or Article 168 (5) (including cases where it is applied mutatis mutandis pursuant to Article 170 (3)).
(Investigation)
Article 57When application information is provided, a registrar shall investigate all matters pertaining to the application without delay.
(Order of Making Registration)
Article 58A registrar shall register in accordance with the order of the acceptance number also in cases other than the cases prescribed in Article 20 of the Act.
(Identity Confirmation by a Registrar)
Article 59(1)When a registrar investigates the existence of authority of an applicant to apply pursuant to the provisions of Article 24 (1) of the Act, he/she shall prepare a record in which the results of the investigation are recorded. The same shall also apply to cases where he/she investigates based on the commission set forth in paragraph (2) of said Article.
(2)In the case set forth in the second sentence of the preceding paragraph, the registrar of the registry office who investigates based on the commission shall send a record in which the results of the investigation are recorded to the registrar who made the commission.
(Corrections)
Article 60(1)When a registrar specifies the period when the application can be corrected, he/she may not dismiss said application on the grounds of defects pertaining to said matters to be corrected during said period.
(2)The application shall be corrected in accordance with the application categories listed in the following items by the method specified in those items:
(i)electronic application:by the method of correcting an application using an electronic data processing system as provided for by the Minister of Justice; or
(ii)written application:by the method of correcting the document that has been submitted to the registry office or of submitting the document pertaining to the correction to the registry office.
Subsection 5 Information for Registration Identification
(How to Determine Information for Registration Identification)
Article 61The information for registration identification shall be specified based on a combination of Arabic figures and other codes for each real property and an applicant who has become a registered right holder.
(Counterparty of Notification of Information for Registration Identification)
Article 62(1)The notification of information for registration identification in cases listed in the following items shall be made to the persons specified in those items:
(i)in cases where an application is filed by a statutory agent (including a manager and other persons who can serve as the agent of a person who is to receive said notification pursuant to the provisions of laws and regulations):said statutory agent; or
(ii)in cases where the applicant is a judicial person (excluding cases prescribed in the preceding item):a representative person of said juridical person.
(2)In cases where there is a special agent privately appointed to receive a notification of information for registration identification, the notification of information for registration identification shall be made to said agent.
(Method of Notification of Information for Registration Identification)
Article 63(1)The notification of information for registration identification shall be made in accordance with the application categories listed in the following items by the method specified in those items unless otherwise provided for by the Minister of Justice:
(i)electronic application:by the method of transmitting the information for registration identification that is recorded in the file stored on a computer used by a registrar, using an electronic data processing system and of recording it in a file stored on a computer used by the applicant or his/her agent (hereinafter collectively referred to as "applicant, etc." in this Article), as provided for by the Minister of Justice; or
(ii)written application:by the method of issuing a document stating the information for registration identification.
(2)When a registrar makes a notification as set forth in the preceding paragraph, he/she shall take measures to keep the information for registration identification pertaining to said notification private from persons other than the person to receive notification of information for registration identification pursuant to the provisions of the main clause of Article 21 of the Act, the persons specified in the items of paragraph (1) of the preceding Article and the agent set forth in paragraph (2) of said Article (limited to a person who is specially permitted by the applicant to learn the information for registration identification).
(3)In cases where an applicant requests the issuance of a document stating information for registration identification by means of sending, he/she shall include in the content of the application information to that effect and distinguish the sending addresses in accordance with the categories of cases set forth in the following paragraph and paragraph (5) (in cases prescribed in paragraph (5) and when requesting to send the document to the address of an agent who is a natural person: the address of said agent).
(4)The documents stating information for registration identification in cases of the preceding paragraph shall be sent in accordance with the categories of cases listed in the following items and by the method specified in those items:
(i)in cases where the applicant, etc. is a natural person and the document is sent to the address of said applicant, etc. or in cases where the applicant, etc. is a juridical person and the document is sent to the address of a representative person of said juridical person who is the applicant, etc. (excluding cases listed in item (iii)):by the method of postal mail to be received only by the person him/herself, where it is issued or delivered only to the subject party him/herself as provided for by the conditions of domestic postal mail of Japan Post Holdings Co., Ltd. or by a method equivalent thereto;
(ii)in cases where the applicant, etc. is a juridical person and the document is sent to the address of said juridical person who is the applicant, etc. (excluding cases listed in the following item):by registered mail or by a service of correspondence delivery where the correspondence delivery service operator records acceptance and delivery; and
(iii)in cases where the applicant, etc. has his/her address in a foreign country:by registered mail, by a service of correspondence delivery where the correspondence delivery service operator records acceptance and delivery or by a method equivalent thereto.
(5)Notwithstanding the provisions of the preceding paragraph, in cases where an agent receives a notification of information for registration identification pursuant to the provisions of paragraph (2) of the preceding Article and said agent is the agent prescribed in Article 23 (4) (i) of the Act (hereinafter referred to as a "qualified agent"), the document stating the information for registration identification shall be sent in accordance with the categories of cases listed in the following items by the method specified in those items:
(i)in cases where said agent is a natural person and the document is sent to the address of said agent or in cases where said agent is a juridical person and the document is sent to the address of a representative person of said juridical person who is the agent:by the method of postal mail to be received only by the person him/herself, where it is issued or delivered only to the subject party him/herself as provided for by the conditions of domestic postal mail of Japan Post Holdings Co., Ltd. or by a method equivalent thereto; and
(ii)in cases where said agent is a natural person and the document is sent to the location of the office of said agent or in cases where said agent is a juridical person and the document is sent to the address of said juridical person who is the agent:by registered mail or by a service of correspondence delivery where the correspondence delivery service operator records acceptance and delivery.
(6)In cases where requesting issuance of the document stating information for registration identification by means of sending, the costs necessary for the sending shall be paid.
(7)The costs required for the sending set forth in the preceding paragraph shall be paid by the method of submitting postage stamps or an identification card, which can be used as payment of the fee for the service of correspondence delivery and is designated by the Minister of Justice.
(8)When an applicant submits postage stamps corresponding to the fee for sending said postal item prior to other postal matters belonging to the same type as said postal matters, the sending set forth in paragraph (6) shall be made by said treatment. The same shall also apply to the cases set forth in paragraph (4) (ii) or (iii) or paragraph (5) (ii), when an identification card of a correspondence delivery service operator that is equivalent to the fee for the service of correspondence delivery, which is equivalent to said treatment, and that is designated by the Minister of Justice is submitted.
(9)The designation set forth in the preceding two paragraphs shall be made by public notice.
Article 63-2(1)The notification of information for registration identification when a government agency or public office commissions a registration for a person entitled to register may also be made by the method of issuing the document stating the information for registration identification based on the notification of the government agency or public office.In this case, the government agency or public office shall include in the content of the commission information the fact that said notification has been made, when it requests the issuance by means of sending, and the sending address.
(2)The document stating information for registration identification in the case of the preceding paragraph shall be sent to the address set forth in said paragraph by registered mail, a service of correspondence delivery where the correspondence delivery service operator records the acceptance and delivery, or another mail or correspondence delivery service.
(3)The provisions of paragraphs (6) through (9) of the preceding Article shall be applied mutatis mutandis to cases where a government agency or public office requests the issuance of the document stating information for registration identification by means of sending.
(Cases Where Notification of Information for Registration Identification is Not Required)
Article 64(1)The cases specified by an ordinance of the Ministry of Justice set forth in the proviso to Article 21 of the Act shall be the following cases:
(i)in cases where the person to receive a notification of information for registration identification has made notification in advance to the effect that he/she does not wish to receive the notification of information for registration identification pursuant to the provisions of the main clause of Article 21 of the Act (where a government agency or public office commissions a registration for a person entitled to register, this includes when, based on a notification from said person entitled to register, said government agency or public office makes notification to the effect that it does not wish to receive the notification of information for registration identification);
(ii)in cases where the person to receive a notification of information for registration identification pursuant to the provisions of the main clause of Article 21 of the Act (limited to persons who are to receive the notification by the method specified in Article 63 (1) (i)) does not record the information for registration identification in the file stored on a computer used by him/her within thirty days from the date when said information for registration identification is recorded in the file stored on a computer used by a registrar and it becomes possible to transmit the information using an electronic data processing system;
(iii)in cases where the person to receive a notification of information for registration identification pursuant to the provisions of the main clause of Article 21 of the Act (limited to persons who are to receive the notice by the method specified in Article 63 (1) (ii)) does not receive the document stating the information for registration identification within three months from when the registration is completed; and
(iv)in cases where the person to receive a notification of information for registration identification pursuant to the provisions of the main clause of Article 21 of the Act is a government agency or a public office (excluding cases where said government agency or public office has made notification in advance to the effect that it wishes to receive the notification of information for registration identification).
(2)In cases of making the notification set forth in items (i) and (iv) of the preceding paragraph, the content of the application information shall be to that effect.
(Notification of Expiration of Information for Registration Identification)
Article 65(1)A registered right holder or his/her heir (s) or other general successor (s) may make a notification of expiration to a registrar with regard to the information for registration identification for which the notification was made.
(2)The notification set forth in the preceding paragraph shall be made by providing the information with the content of the following matters (hereinafter referred to as "notification information" in this Article) to a registry office:
(i)the name and address of the person who is making the notification;
(ii)if the person who is making the notification is a juridical person, the name of a representative person thereof;
(iii)when the notification is made by an agent, the name and address of said agent and if the agent is a juridical person, the name of a representative person thereof;
(iv)if the person who is making the notification is an heir (s) or other general successor (s) of a registered right holder, a statement to that effect and the name and address of the registered right holder; and
(v)the following matters pertaining to the registration of said information for registration identification:
(a)matters related to the real property location or real property number;
(b)purpose of registration;
(c)the date of acceptance of the application and acceptance number; and
(d)when notification is made by the method listed in item (i) of the following paragraph, the distinction of Section A or Section B.
(3)The notification set forth in paragraph (1) shall be made by either of the following methods:
(i)by the method of providing the notification information to a registry office using an electronic data processing system as provided for by the Minister of Justice; or
(ii)by the method of submitting the document stating the notification information to a registry office.
(4)when the name or address of a registered right holder, which is the content of notification information does not conform to the registration record, information, which certifies that there were changes, errors or omissions with regard to the name or address of said registered right holder and which is prepared by the mayor of municipality, a registrar or other public officer in the course of his/her duties shall be provided together with the notification information; provided, however, that in cases where there is no information prepared by a public officer in the course of his/her duties, it shall be sufficient to provide information in lieu thereof.
(5)When an heir (s) or other general successor (s) of a registered right holder makes the notification set forth in paragraph (1), the information, which certifies that there was an inheritance or other general succession and which is prepared by a mayor of municipality, a registrar or other public officer in the course of his/her duties; provided, however, that in cases where there is no information prepared by a public officer in the course of his/her duties, it shall be sufficient to provide information in lieu thereof.
(6)The provisions of the main clause of Article 4, Article 7 (1) (i) and (ii) of the Order shall apply mutatis mutandis to cases where the notification set forth in paragraph (1) is made.
(7)The provisions of Article 36 (1) through (3) shall apply to cases specified by an ordinance of the Ministry of Justice set forth in Article 7 (1) (i) and (ii) of the Order as applied mutatis mutandis pursuant to the preceding paragraph and the provisions of Article 37 shall apply mutatis mutandis to cases where the notification set forth in paragraph (1) is made respectively.
(8)The provisions of Articles 10 through 12 and Article 14 of the Order shall apply to cases where the notification set forth in paragraph (1) is made by the methods listed in paragraph (3) (i).
(9)The provisions of Articles 41 and 44 shall apply mutatis mutandis to cases prescribed in the preceding paragraph, the provisions of Article 42 shall apply mutatis mutandis to the electronic signature set forth in Article 12 (1) and (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph, and the provisions of Article 43 shall apply mutatis mutandis to the electronic certification as specified by an ordinance of the Ministry of Justice set forth in Article 14 of the Order as applied mutatis mutandis pursuant to the preceding paragraph respectively.
(10)The provisions of Articles 15 through 18 of the Order shall apply mutatis mutandis to cases where the notification set forth in paragraph (1) is made by the methods listed in paragraph (3) (ii).
(11)The provisions of Article 45, Article 46 (1) and (2), Article 53 and Article 55 shall apply mutatis mutandis to cases as prescribed in the preceding paragraph; the provisions of Article 47 (i) and (ii) shall apply mutatis mutandis to cases specified by an ordinance of the Ministry of Justice as set forth in Article 16 (1) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; the provisions of Article 48 (1) (i) through (iii) and (2) shall apply mutatis mutandis to cases specified by an ordinance of the Ministry of Justice as set forth in Article 16 (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; the provisions of Article 49 (1) (i) and (iii) shall apply mutatis mutandis to cases specified by an ordinance of the Ministry of Justice as set forth in Article 18 (1) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; and the provisions of items of Article 49 (2) (excluding item (iv)) and (3) shall apply mutatis mutandis to cases specified by an ordinance of the Ministry of Justice as set forth in Article 18 (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph respectively.
(Provision of Information for Registration Identification)
Article 66(1)In cases of providing information for registration identification of a person obliged to register as prescribed in the main clause of Article 22 of the Act pursuant to the provisions of the main clause of said Article, the information shall be provided in accordance with the categories of application listed in the following items by the methods specified in those items:
(i)electronic application:by the method of providing the information for registration identification using an electronic data processing system as provided for by the Minister of Justice; or
(ii)written application:by the method of submitting the application form by attaching a document stating the information for registration identification.
(2)The document stating the information for registration identification set forth in item (ii) of the preceding paragraph shall be enclosed in an envelope and the envelope shall be sealed.
(3)The name of the applicant who provides the information for registration identification and the purpose of registration shall be stated and the fact that the document stating the information for registration identification is enclosed shall be clearly stated on the envelope set forth in the preceding paragraph.
(Omission of Provision of Information for Registration Identification)
Article 67In cases where applications are filed for two or more registrations of right with respect to the same real property (limited to cases where applications are filed simultaneously by clarifying the chronological order of said two or more registrations of right), when a person who is to be a registered right holder in the former registration becomes a person obliged to register for the latter registration, the information for registration identification to be provided together with the application information for said latter registration shall be deemed to have been provided together with the application information for said latter registration.
(Certification of Information for Registration Identification)
Article 68(1)The request for certification set forth in Article 22 (1) of the Order shall be made by providing the information with the content of the following matters (hereinafter referred to as "information for the request of a validity certificate" in this Article) to a registry office:
(i)the name and address of the applicant;
(ii)if the applicant is a juridical person, the name of a representative person thereof;
(iii)if the request is made by an agent, the name and address of said agent and if the agent is a juridical person, the name of a representative person thereof;
(iv)if the applicant is a heir (s) or other general successor (s) of a registered right holder, to that effect and the name and address of the registered right holder;
(v)the following matters concerning the registration pertaining to said information for registration identification:
(a)matters related to the real property location or real property number;
(b)purpose of registration;
(c)the date of acceptance of the application and acceptance number; and
(d)when a request is made by the method listed in paragraph (3) (i), the distinction of Section A or Section B:
(vi)if the information as prescribed in paragraph (15) is not provided pursuant to the provisions of said paragraph, to that effect and the description of said information.
(2)When the request for certification set forth in the preceding paragraph (excluding a request for certification that information for registration identification has not been notified or is expired) is made, the information for registration identification shall be provided together with the information for the request of a validity certificate. The provisions of Article 66 shall apply mutatis mutandis to the method of providing information for registration identification in this case.
(3)The certificate request set forth in paragraph (1) shall be made using either of the following methods:
(i)by the method of providing information for the request of a validity certificate to a registry office using an electronic data processing system as provided for by the Minister of Justice; or
(ii)by the method of submitting a document stating the information for the request of a validity certificate.
(4)The certificate set forth in paragraph (1) shall be made in accordance with the categories of cases listed in the following items by the methods specified in those items:
(i)in cases where the information for the request of a validity certificate is provided by the method listed in item (i) of the preceding paragraph:by the method of transmitting the information that is recorded in the file stored on a computer for the use of a registrar using an electronic data processing system and to record it in a file stored on a computer for the use of the applicant or his/her agent, as provided for by the Minister of Justice; or
(ii)in cases where the information for the request of a validity certificate is provided by the method listed in item (ii) of the preceding paragraph:by the method of a registrar issuing a document stating the matters pertaining to the certificate.
(5)When the name and address of the registered right holder that is the content of the information for the request of a validity certificate does not conform to the registration record, the information certifying that there were changes, errors or omissions with respect to said name or address of the registered right holder prepared by the mayor of municipality, a registrar or other public officer in the course of his/her duties together with the information for the request of a validity certificate; provided, however, that in cases where there is no information prepared by a public officer in the course of his/her duties, it shall be sufficient to provide information in lieu thereof.
(6)When an heir (s) or other general successor (s) of a registered right holder requests the certificate set forth in paragraph (1), information certifying that there is an inheritance or other general succession that is prepared by the mayor of municipality, a registrar or other public officer in the course of his/her duties together with the information for the request of a validity certificate; provided, however, that in cases where there is no information prepared by a public officer in the course of his/her duties, it shall be sufficient to provide information in lieu thereof.
(7)The provisions of Article 4 and Article 7 (1) (i) and (ii) of the Order shall apply mutatis mutandis to cases where the request for a certificate set forth in paragraph (1) (with regard to the provisions of said Article, excluding cases where the request for a certificate set forth in paragraph (1) is made by a qualified agent).In this case, the phrase "in cases where the purpose of registration, cause of registration and the date of registration for which application is to be made are the same and other cases specified by an ordinance of the Ministry of Justice" as used in the proviso to Article 4 of the Order shall be deemed to be replaced with "in cases where the name and address of the registered right holder, which is the content of the information for the request of a validity certificate, are the same."
(8)The provisions of Article 36 (1) through (3) shall apply mutatis mutandis to cases specified by an ordinance of the Ministry of Justice set forth in Article 7 (1) (i) and (ii) of the Order as applied mutatis mutandis pursuant to the preceding paragraph and the provisions of Article 37 shall apply mutatis mutandis to cases of making the request for a certificate set forth in paragraph (1) respectively.
(9)The provisions of Articles 10 through 12 and 14 of the Order shall apply mutatis mutandis to cases of making the request for a certificate set forth in paragraph (1) by the method listed in paragraph (3) (i).
(10)The provisions of Articles 41 and 44 shall apply mutatis mutandis pursuant to the cases prescribed in the preceding paragraph; the provisions of Article 42 shall apply mutatis mutandis to electronic signatures as set forth in Article 12 (1) and (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; and the provisions of Article 43 shall apply mutatis mutandis to electronic certificates as specified by an ordinance of the Ministry of Justice as set forth in Article 14 of the Order as applied mutatis mutandis pursuant to the preceding paragraph, respectively.
(11)The provisions of Articles 15 through 18 of the Order shall apply mutatis mutandis to cases of making a request for the certificate set forth in paragraph (1) by the methods listed in paragraph (3) (ii).
(12)The provisions of Article 45, Article 46 (1) and (2), Article 53 and Article 55 (excluding the proviso to paragraph (1)) shall apply mutatis mutandis to the cases set forth in the preceding paragraph; the provisions of Article 47 (i) and (ii) shall apply mutatis mutandis to the cases specified by an ordinance of the Ministry of Justice as set forth in Article 16 (1) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; the provisions of Article 48 (1) (i) through (iii) and (2) shall apply mutatis mutandis to the cases specified by an ordinance of the Ministry of Justice set forth in Article 16 (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; the provisions of Article 49 (1) (i) and (iii) shall apply mutatis mutandis to the cases specified by an ordinance of the Ministry of Justice as set forth in Article 18 (1) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; and the provisions of items of Article 49 (2) (excluding item (iv)) and (3) shall apply to the cases specified by an ordinance of the Ministry of Justice as set forth Article 18 (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph, respectively.
(13)The provisions of Article 197 (6) and Article 204 shall apply mutatis mutandis to cases of providing the certificate set forth in paragraph (1) by the method specified in paragraph (4) (ii).
(14)When a qualified agent makes the request for a certificate as set forth in paragraph (1), information certifying that said qualified agent is a person who is qualified to act as an agent in applying for a registration in the course of trade (in cases where said qualified agent is a juridical person, including information certifying the qualifications of a representative person of said juridical person) shall be provided along with the request.
(15)In cases where a qualified agent makes the request for a certificate set forth in paragraph (1), notwithstanding the provisions of paragraphs (5) and (6), the information prescribed in these provisions shall not be required to be provided.
(Disposal of Documents Stating Information for Registration Identification)
Article 69In cases where the documents stating the information for registration identification are submitted pursuant to the provisions of Article 66 (1) (ii) (including cases as applied mutatis mutandis pursuant to the second sentence of paragraph (2) of the preceding Article), when a registrar completes the registration or finishes the requested examination based on the application for which said information for registration identification has been provided, he/she promptly shall dispose of said documents.
Subsection 6 Procedure in Cases Where There is No Provision of Information for Registration Identification
(Prior Notification)
Article 70(1)The notification set forth in Article 23 (1) of the Act shall be sent in written form in accordance with the categories of cases listed in the following items by the method specified in those items:
(i)in cases where the person obliged to register as prescribed in Article 22 of the Act is a natural person or in cases where said person obliged to register is a juridical person, when the document is sent to the address of a representative person of said juridical person who is the person obliged to register:by postal mail to be received only by the subject person him/herself, where it is issued or delivered only to the subject person him/herself as provided for by the conditions of domestic postal mail of Japan Post Holdings Co., Ltd. or by a method equivalent thereto;
(ii)in cases where the person obliged to register as prescribed in Article 22 of the Act is a juridical person (excluding the cases listed in the preceding item):by registered mail or by a service of correspondence delivery where the correspondence delivery service operator records acceptance and delivery; and
(iii)in cases where the person obliged to register as prescribed in Article 22 of the Act has his/her address in a foreign country:by registered mail, by a service of correspondence delivery where the correspondence delivery service operator records acceptance and delivery or by a method equivalent thereto.
(2)The number, mark or other code used to identify said notification (these are collectively referred to as the "notification number, etc." in paragraph (5) (i)) shall be stated on the document set forth in the preceding paragraph.
(3)When an applicant submits postage stamps that are equivalent to the fee for serving said postal item prior to other postal matters belonging to the same type as said postal matters, the sending pursuant to the provisions of paragraph (1) shall be made by said treatment. The same shall also apply to the cases set forth in items (ii) or (iii) of said paragraph and where an identification card of a correspondence delivery service operator that is equivalent to the fee for the service of correspondence delivery, which is equivalent to said treatment, and that is designated by the Minister of Justice is submitted.
(4)The designation set forth in the preceding paragraph shall be made by public notice.
(5)The notification as prescribed in Article 23 (1) of the Act shall be made in accordance with the categories of application listed in the following items and by the method specified in those items:
(i)electronic application:by the method where a person obliged to register as prescribed in Article 22 of the Act specifies the content of the document set forth in paragraph (1) using the notification number, etc., affixes his/her electronic signature to the information to the effect that the content of the application is true and transmits the information to a registry office as provided for by the Minister of Justice; or
(ii)written application:by the method where a person obliged to register as prescribed in Article 22 of the Act states that the content of the application pertaining to the notification is true on the document set forth in paragraph (1), signs it, affixes a seal to said document using a seal that is consistent with those provided on the application form or letter of attorney and then submits the document to a registry office (in cases where a magnetic disk on which all of the application information is recorded is submitted, by the method where the person obliged to register as prescribed in Article 22 of the Act affixes his/her electronic signature to the information to the effect that the content of the application is true and submits a magnetic disk on which the electronic signature is recorded together with the documents set forth in paragraph (1) to the registry office).
(6)The provisions of Article 14 of the Order shall apply mutatis mutandis to cases where the notification set forth in the preceding paragraph is made.
(7)The provisions of Article 43 shall apply mutatis mutandis to the electronic certificate as specified by an ordinance of the Ministry of Justice as set forth in Article 14 of the Order as applied mutatis mutandis pursuant to the preceding paragraph.
(8)The period specified by an ordinance of the Ministry of Justice as set forth in Article 23 (1) of the Act shall be two weeks from the day when the notification is dispatched; provided, however, that it shall be four weeks in cases where the person obliged to register as prescribed in Article 22 of the Act has his/her address in a foreign country.
(Notification to Prior Domicile)
Article 71(1)The notification set forth in Article 23 (2) of the Act shall be sent by the method of sending the document as a postal item that is not required to be forwarded or by a method equivalent thereto.
(2)The cases specified by an ordinance of the Ministry of Justice as set forth in Article 23 (2) of the Act shall be the following cases:
(i)in cases where the cause of registration for a registration of change (including a registration of correction; the same shall apply hereinafter in this paragraph) with respect to the address of the person obliged to register set forth in Article 23 (2) of the Act is a change, error or omission of the administrative zone or its name or of the "aza" or its name;
(ii)in cases where the date of application for the registration set forth in Article 23 (2) of the Act is made after three months have elapsed from the date of acceptance pertaining to the final application for a registration of change with respect to the address of the person obliged to register set forth in said paragraph;
(iii)in cases where the person obliged to register set forth in Article 23 (2) of the Act is a juridical person; and
(iv)in addition to the cases listed in the preceding three paragraphs, in cases where the information for identification confirmation as prescribed in paragraph (1) of the following Article is provided and it is deemed certain that the applicant is a person obliged to register based on the content of said information for identification confirmation.
(Provision of Information for Identification Confirmation by a Qualified Agent)
Article 72(1)The information that is necessary for confirming that an applicant is a registered right holder who has the authority to apply and that is provided to a registrar by a qualified agent pursuant to the provisions of Article 23 (4) (i) of the Act (hereinafter the information shall be referred to as "information for identification confirmation") shall clearly indicate the following matters:
(i)date and time, location and condition where the qualified agent (in cases where the qualified agent is a juridical person, meaning a person representing said juridical person in said application; the same shall apply hereinafter in this Article) interviews the applicant (in cases where the applicant is a juridical person, a representative person or a person who shall act in their place; hereinafter the same shall apply in this Article);
(ii)in cases where the qualified agent knows the name of the applicant and is acquainted with said applicant, to the effect that he/she knows the name of said applicant and is acquainted with said applicant, and the particulars of how the acquaintance arose; and
(iii)in cases where the qualified agent does not know the name of the applicant or has no acquaintance with said applicant, the content of the documents listed in the following items of the following paragraph that are presented by said applicant in order to confirm that said applicant is a registered right holder who has the authority to apply and the reasons why he/she deemed that said applicant is a registered right holder who has the authority to apply.
(2)In the cases prescribed in item (iii) of the preceding paragraph, the qualified agent shall confirm the applicant by either of the following methods; provided, however, that in cases of the documents listed in items (i) and (ii) and the documents listed in item (iii) which have an effective period or validity period, limited to documents that are effective on the date when it is presented to the qualified agent:
(i)by the method of requesting the presentation of any one or more of the drivers' license (meaning a driver's license as prescribed in Article 92 (1) of the Road Traffic Act (Act No.105 of 1960), certificate of alien registration (meaning a certificate of alien registration as prescribed in Article 5 of the Alien Registration Act (Act No.125 of 1952)), residential basic book card (meaning a residential basic book card as prescribed in Article 30-44 (1) of the Residential Basic Book Act ; provided, however, that it is limited to those prepared in accordance with the Appended Form (ii) of the Ordinance for Enforcement of the Residential Basic Book Act (Ordinance of Ministry of Home Affairs No.35 of 1999)), passport, etc. (meaning a passport as prescribed in Article 2 (v) of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951) and a crew member's pocket-ledger as prescribed in item (vi) of said Article; provided, however, that it is limited to those stating the name and date of birth of said applicant), or certificate of driving history (meaning a certificate of driving history as prescribed in Article 104-4 of the Road Traffic Act);
(ii)by the method of requesting the presentation of any one or more of the following with the statement of the name and date of birth of said applicant: an insurance card of national health insurance, health insurance, mariners insurance, medical care for elderly people aged 75 or older or long-term care insurance, claimant certification for medical care (meaning a page certifying the qualification to receive medical care from the health handbook as prescribed in Article 13 of the Act on Assurance of Medical Care for Elderly People (Act No. 80 of 1982)), health insurance specially-insured day laborer certificate book, certificate of a member of the mutual aid association for national public officers or the local public service mutual aid association, certificate of a membership in a private school personnel mutual aid system, national pension book (meaning a national pension book as prescribed in Article 13 (1) of the National Pension Act (Act no.141 of 1959)), certificate of child rearing allowance, certificate of special child rearing allowance, maternal and child health handbook, physical disability certificate, health and welfare certificate of a persons with mental disabilities, medical treatment and education handbook or a certificate of wounded and ill retired soldiers; and
(iii)by the method of requesting the presentation of any one or more of the documents listed in the preceding item and either one or more of the documents issued or provided by a government and public office or what is equivalent thereto, in which the name and address of said applicant are stated.
(3)When the qualified agent provides information for identification confirmation, the information certifying that said qualified agent is a person qualified to act as an agent for applying for registration in the course of trade shall be provided at the same time.
Subsection 7 Land Location Pictures, etc.
(Preparation Method of Land Location Pictures, Parcel Area Survey Drawings, Building Drawings and Plain Views of Each Floor)
Article 73(1)Land location pictures, parcel area survey drawings, building drawings and plain views of each floor to be transmitted in the form of an electronic application shall be prepared in accordance with the method specified by the Ministry of Justice. The same shall apply to cases where these drawings are recorded in an electromagnetic record and submitted in the form of a written application.
(2)The date of preparation and the name of the applicant and the person who prepared the drawings shall be stated on the land location pictures, parcel area survey drawings, building drawings and plain views of each floor set forth in the preceding paragraph.
Article 74(1)Land location pictures, parcel area survey drawings, building drawings and plain views of each floor (limited to cases where these are documents) shall present drawings clearly using fine lines of 0.2 millimeters or less.
(2)The date of preparation shall be recorded on the land location pictures, parcel area survey drawings, building drawings and plain views of each floor set forth in the preceding paragraph, the applicant shall sign his/her name and the person who prepared these drawings shall sign or write his/her name and affix his/her seal on them.
(3)The land location pictures, parcel area survey drawings, building drawings and plain views of each floor set forth in paragraph (1) shall be prepared in accordance with Appended Form (i) and (ii) by using a sound JIS B4 size sheet.
(Preparation Unit of Land Location Pictures and Parcel Area Survey Drawings)
Article 75(1)A land location picture and parcel area survey drawing shall be prepared for each parcel of land.
(2)The parcel area survey drawing of the land after parcel subdivision that is provided in cases where an application is filed for registration of a parcel subdivision shall be prepared for each piece of land before the parcel subdivision.
(Content of Land Location Pictures)
Article 76(1)The azimuth direction, reduction scale, shape of the land and parcel number of adjacent land shall be recorded in the land location picture.
(2)The land location picture shall be prepared at the same reduction scale as the map set forth in Article 14 (1) of the Act with respect to similar land in the vicinity.
(3)The provisions of Article 10 (4) shall apply mutatis mutandis to the land location picture.
(Content of Parcel Area Survey Drawings)
Article 77(1)The following matters shall be recorded in the parcel area survey drawing:
(i)the name of the numbered district;
(ii)azimuth direction;
(iii)reduction scale;
(iv)parcel number (including the parcel numbers of adjacent land);
(v)parcel area and measurement method thereof;
(vi)distance between parcel boundary points;
(vii)the number or mark of the plane rectangular coordinate system as prescribed in Article 2 (1) (i) of the Order for Enforcement of the National Land Survey Act;
(viii)the coordinate values of the parcel boundary points as a result of measurement based on the basic triangulation points, etc.;
(ix)if there are boundary markers (meaning persistent stone piles or metal markers located at parcel boundary points or signs similar thereto; the same shall apply hereinafter), a description of said boundary markers; and
(x)the date of measurement.
(2)In cases where there are no basic triangulation points, etc. in the vicinity or there are special circumstances where it is impossible to measure based on the basic triangulation points, etc., the coordinate values of the parcel boundary points as a result of measurement based on the permanent planimetric features in the vicinity shall be recorded in lieu of matters listed in items (vii) and (viii) of the preceding paragraph.
(3)The description of the boundary markers set forth in paragraph (1) (ix) shall be recorded by the method of providing codes for parcel boundary points where boundary markers exist and recording the codes and types of boundary markers in the appropriate parts or by other methods equivalent thereto.
(4)The parcel area survey drawing shall be prepared on the reduction scale of 1/250th; provided, however, that this shall not apply to cases where it is not appropriate to use said reduction scale due to the land conditions and other circumstances.
(5)The provisions of Article 10 (4) shall apply mutatis mutandis to parcel area survey drawings.
(Parcel Area Survey Drawings in Cases of Registration of a Parcel Subdivision)
Article 78The parcel area survey drawing of the land after parcel subdivision that is provided in cases where an application is filed for a registration of parcel subdivision shall illustrate the land before the subdivision, clearly indicate the parcel subdivision line to describe each piece of land after the parcel subdivision and provide a code thereto.
(Content of Servitude Drawings)
Article 79(1)In the servitude drawings, the range of servitude to be established shall be clearly indicated and the azimuth direction, reduction scale, parcel number and the parcel number of the vicinity and the name of the applicant shall be recorded.
(2)The servitude drawings may be prepared on an appropriate reduction scale.
(3)The date of preparation shall be recorded on the servitude drawing.
(4)On the servitude drawings (limited to cases where it is a document), the easement holder shall sign or write his/her name and seal.
(Preparation Method of Servitude Drawings)
Article 80(1)The provisions of Article 73 (1) and Article 74 (1) shall apply mutatis mutandis to the servitude drawings.
(2)A servitude drawing that is submitted in the form of a written application (excluding those submitted by recording in an electromagnetic record), shall be prepared in accordance with the Appended Form (iii) using a sound JIS B4 size sheet.
(Preparation Unit of Building Drawings and Plain Views of Each Floor)
Article 81A building drawing and plain view of each floor shall be prepared for each building (if there is an annex building, the principal building and annex building are collectively deemed to be one building).
(Content of Building Drawings)
Article 82(1)The building drawings shall be used to clearly indicate the site of the building, its location and the shape of the first floor (in cases of a condominium unit, the floor closest to the ground).
(2)In the building drawings, the azimuth direction, reduction scale, parcel number and shape of the site, parcel number of the adjacent land and, if there is an annex building, the distinction of principle building or annex building and the code of the annex building shall be recorded.
(3)The building drawings shall be prepared on the reduction scale of 1/500th; provided, however, that this shall not apply to cases where it is not appropriate to use said reduction scale due to the building condition or other circumstances.
(Content of the Plain Views of Each Floor)
Article 83(1)In the plain views of each floor, the reduction scale, distinction of each floor, plain shape of each floor, location of the first floor, girth and floor area of the building on each floor, the measurement method thereof and, if there is an annex building, the distinction of principle building and annex building and the code of the annex building shall be recorded.
(2)The plain views of each floor shall be prepared on the reduction scale of 1/250th; provided, however, that this shall not apply to cases where it is not appropriate to use said reduction scale due to the building conditions or other circumstances.
(Building Drawings, etc. in Cases of Registration of Separation of Buildings)
Article 84In the building drawings and plain views of each floor to be provided in cases of an application for registration of a separation of buildings or registration of division into units, each building after the separation or after the division into units shall be described and a code shall be provided thereto.
(Management and Closure, etc. of Land Location Pictures)
Article 85(1)In cases where a land location picture, parcel area survey drawing, building drawing and plain view of each floor is provided along with the application information, when a registrar completes the registration based on said application, he/she shall record the date of completion of registration on these drawings.
(2)In the cases listed in the following items, a registrar shall close the drawing specified in those items:
(i)in cases where a registration of change or registration of correction concerning matters to be registered for a heading section is made (limited to cases where there is a land location picture, parcel area survey drawing, building drawing and plain view of each floor after the change or after the correction):land location pictures, parcel area survey drawings, building drawings and plain views of each floor before the change or before the correction;
(ii)in cases where a registration of loss or cancellation of a heading section is made:land location pictures, parcel area survey drawings, building drawings and plain views of each floor before the loss or before the cancellation; and
(iii)in cases of a registration of replotting disposition based on the Land Improvement Act (Act No.195 of 1949) or the Land Readjustment Act (Act No. 119 of 1954) (excluding the cases listed in the preceding item):land location pictures or parcel area survey drawings pertaining to the previous land.
(3)In cases where a registrar closes the drawings specified in the items of the preceding paragraph pursuant to the provisions of said paragraph, when they are recorded in an electromagnetic record as set forth in Article 17 (1), he/she shall record the reason for the closure, the date thereof and his/her registrar identification code in said electromagnetic record; when they are filed in a land drawing file or building drawing file, he/she shall record the reason for closure of said drawings and the date thereof and affix his/her registrar seal.
(4)The provisions of paragraph (1) shall not apply to cases where the drawings as prescribed in said paragraph are preserved by recording them in an electromagnetic record as set forth in Article 17 (1).In this case, the date of completion of registration shall be recorded in said electromagnetic record.
(Management of Servitude Drawings)
Article 86(1)In cases where a servitude drawing is provided along with application information, when a registrar makes a registration based on said application, he/she shall provide a number to the servitude drawing (hereinafter referred to as the "servitude drawing number") . In this case, said servitude drawing number, the date of acceptance of said application and acceptance number shall be recorded on said servitude drawing.
(2)In cases where a servitude drawing is preserved by recording it in an electromagnetic record as set forth in Article 17 (1), the provisions of the second sentence of the preceding paragraph shall not apply.In this case, the servitude drawing number and the date of registration shall be recorded in said electromagnetic record.
(3)The servitude drawing number shall be updated every year.
(Closure of Servitude Drawings)
Article 87(1)When a registrar cancels a registration of servitude, or makes a registration of parcel subdivision or registration of parcel consolidation based on the application for which the attachment information is a servitude drawing or registration of change or registration of correction of servitude, he/she shall close the previous servitude drawing.
(2)The provisions of Article 85 (3) shall apply mutatis mutandis to the cases set forth in the preceding paragraph.
(Correction, etc. of Land Location Pictures)
Article 88(1)When there is an error in a land location picture, parcel area survey drawing, building drawing or plain view of each floor, the heading-section owner or registered holder of ownership or his/her heir or other general successor may make notification of the correction to be made; provided, however, that this shall not apply to cases where a registration of correction may be made concerning the matters to be registered in the heading section (limited to registrations for which the attachment information is a land location picture, parcel area survey drawing, building drawing and plain view of each floor).
(2)The notification set forth in the preceding paragraph shall be made by providing a land location picture, parcel area survey drawing, building drawing and plain view of each floor after the correction.
(3)The provisions of Article 16 (3), (4), (5) (iii) and (6) through (14) shall apply mutatis mutandis to the notification set forth in paragraph (1).
Section 2 Registration of a Description
Subsection 1 General Rules
(Registration of the Heading Section)
Article 89In cases where a registrar makes a registration of a description in the heading section, unless otherwise provided for in the laws and regulations, what is to be newly registered shall be recorded among the matters to be registered in the registration of description, in addition to the cause of registration of said registration of description, the date thereof and the date of registration.
(Real Property Number)
Article 90A registrar may record the number, mark or other code for each parcel of land or a piece of building as necessary matters to identify the real property set forth in Article 27 (iv) of the Act.
(Registration of Change or Registration of Correction of Heading Section)
Article 91When a registrar makes a registration of change or registration of correction concerning the matters to be registered in the heading section, he/she shall record the marks to cancel matters before the change or before the correction.
(Changes, etc. of Administrative Zone)
Article 92(1)In cases where there is a change in the administrative zone or the name, it shall be deemed that there is a registration of change with respect to the administrative zone or the name recorded in the registration record. The same shall apply to cases where a change is made to the "aza" or its name.
(2)In the cases set forth in the preceding paragraph, a registrar shall promptly change the administrative zone or "aza" recorded in the heading section, or their names.
(Field Investigation)
Article 93In cases where a registrar makes a registration of a description, he/she shall implement a field investigation pursuant to the provisions of Article 29 of the Act; provided, however, that this shall not apply if a registrar finds it unnecessary to implement a field investigation based on the report on the investigation of real property pertaining to the application (in cases where a land and house investigator or a land and house investigating firm files an application for registration as an agent, limited to the report prepared by said land and house investigator (in cases of a land and house investigating firm, a representative person thereof)), other information provided along with the application information, public knowledge or facts that the registrar has leaned in the course of his/her duties.
(Presentation Method, etc. of Matters Recorded in the Electromagnetic Record in the Field Investigation)
Article 94(1)The method specified by an ordinance of the Ministry of Justice as set forth in Article 29 (2) of the Act shall be the method of outputting the matters recorded in said electromagnetic record as a document or of presenting said matters on the screen of output device.
(2)The document certifying the status of a registrar as prescribed in Article 29 (2) of the Act shall be prepared in accordance with the Appended Form (iv).
(Field Investigation Report)
Article 95In cases where a registrar implements a field investigation, he/she shall prepare a report in which the results of said investigation are recorded.
(Procedure of Registration of a Description by a Registrar's Own Authority)
Article 96(1)When a registrar intends to make a registration of description by his/her own authority, the cause of registration, date of establishing the case, case number and matters related to the real property location shall be recorded in the case book of registration of description by the registrar's own authority, etc.
(2)In cases where a registrar intends to correct a map or a drawing equivalent to the map (including cases of correction based on the notification set forth in Article 16) or intends to correct a land location picture, parcel area survey drawing, building drawing or plain view of each floor (including case of correction based on the notification set forth in Article 88), he/she shall record the type of case, the date of establishing the case, the case number and matters related to the real property location in the case book of registration of description by the registrar's own authority, etc.
Subsection 2 Registration of Description of Land
(Numbered District)
Article 97The numbered district shall be specified based on the city ("shi"), ward ("ku"), town ("machi"), village ("mura") and "aza" or an area equivalent thereto.
(Parcel Number)
Article 98(1)The parcel number shall be provided and specified for each numbered district.
(2)The parcel number shall be specified so that the location of the land is comprehensive.
(Land Category)
Article 99The land category shall be specified based on the primary use of the land by its categorization as a rice field, field for other crops, residential land, school site, railway site, salt field, mineral spring site, pond and swamp, forest, stock farm, wilderness, graveyard, temple or shrine site, canal site, waterworks site, irrigation and drainage, storage reservoir, bank, well and ditch, protected forest, public road, park or miscellaneous sites.
(Parcel Area)
Article 100With regard to the parcel area, the unit shall be square meters by the horizontal projection area and fractions less than 1/100th of one square meter (for land other than residential land and mineral spring sites that exceed ten square meters, one square meter) shall be rounded down.
(Recording Method of Heading Section in the Registration of Parcel Subdivision)
Article 101(1)When a registrar makes a registration of parcel subdivision to subdivide land B from land A, he/she shall prepare a new registration record with regard to land B and record in the heading section of said registration record the fact that the land B is subdivided from the land number in this case.
(2)In the case set forth in the preceding paragraph, a registrar shall provide a new parcel number to land A and shall record in the registration record of land A the matters to be registered in the heading section of the remaining part of land, to the effect that the land number in this case is subdivided and the marks to cancel the changed part of the matters to be registered in the heading section of the previous land.
(3)Notwithstanding the provisions of the preceding paragraph, a registrar may provide the same parcel number as the previous parcel number with regard to land A after the subdivision. In this case, he/she shall not be not required to record the marks to cancel the previous parcel number in the heading section of the registration record of land A.
(Recording Method of Rights Section of the Registration of Parcel Subdivision)
Article 102(1)In the cases of the preceding Article, a registrar shall copy the registration of right (in the case of a registration of servitude, limited to the cases where the servitude remains in land B) from the registration record of land A and record the date of acceptance of the application pertaining to the registration of parcel subdivision and the acceptance number in the corresponding area of the rights section in the registration record of land B.In this case, with regard to ownership and rights other than security interests (excluding the servitude), he/she shall record the fact that land A after the parcel subdivision is also subject to these rights, prepare an inventory of joint securities with regard to the security interests, excluding cases where an inventory of joint securities has been prepared with regard to the security interests, and record the marks of the inventory of joint securities and inventory number at the end of the copied registration of right.
(2)In the cases set forth in the preceding paragraph, when the right to be copied is a security interest and an inventory of joint securities has been prepared with regard to the right, a registrar shall record the right concerning land B that is copied pursuant to the provisions of said paragraph in said inventory of joint securities.
(3)When a registrar copies a registration of right other than ownership in the registration record of land B from the registration record of land A, he/she shall record in said registration of right of the registration record of land A after the parcel subdivision to the effect that land B is also subject to the right with regard to rights other than security interests (excluding servitudes), and the marks of the inventory of joint securities that is prepared pursuant to the provisions of paragraph (1) and inventory number with regard to the security interests, excluding the cases where an inventory of joint securities has been prepared with regard to the right.
(Registration of Parcel Subdivision of Land with Registration of Servitude)
Article 103(1)In cases where a registrar makes a registration of parcel subdivision to subdivide land B from land A for which a registration of servitude for the servient land is made, when the range of establishment of servitude becomes part of land A or land B after the parcel subdivision, he/she shall record said range of establishment of servitude and the servitude drawing number in said registration of servitude of registration record of land A or land B after the parcel subdivision.
(2)In the cases set forth in the preceding paragraph, a registrar shall make a registration of change concerning the matters listed in the items of Article 159 (1) of the registration record of the dominant land.
(3)In the cases set forth in paragraph (1), when the dominant land is in the jurisdictional district of another registry office, a registrar shall make notification without delay to the effect that he/she made a registration of parcel subdivision of said other servient land.
(4)A registrar of the registry office that has received the notification set forth in the preceding paragraph shall make the registration prescribed in paragraph (2) without delay.
(Registration of Extinction of Right upon Parcel Subdivision)
Article 104(1)The registration to the effect that the right has extinguished pursuant to the provisions of Article 40 of the Act shall be made in cases where the information listed in the following is provided along with the application information of the registration of parcel subdivision:
(i)information certifying that the registered right holder of said right (in cases where said right is a mortgage, when mortgage securities have been issued, including a holder or endorser of said mortgage securities) has accepted to extinguish said right prepared by said registered right holder or the information certifying that there was a judicial decision where anyone was able to assert a defense against said registered right holder;
(ii)if there is a registration of the right of a third party that is subject to the right set forth in the preceding item, information certifying the acceptance of said third party prepared by said third party or information certifying that there was a judicial decision where anyone was able to assert a defense against said third party; and
(iii)if the right set forth in item (i) is a mortgage for which mortgage securities have been issued, said mortgage securities.
(2)In cases of making a registration of parcel subdivision to subdivide land B from land A, when making a registration to the effect that the right has extinguished with regard to land B pursuant to the provisions of Article 40 of the Act, to the effect that said right with respect to land B has been extinguished by the accessory registration that is made for said registration of the right of the registration record of land A after the parcel subdivision. In this case, notwithstanding the provisions of Article 102 (1), it shall not be required to copy the registration of right pertaining to said extinguished right to the registration record of land B.
(3)In cases where the registration of parcel subdivision to subdivide land B from land A is made, when making a registration to the effect that the right with regard to land A after the parcel subdivision has extinguished pursuant to the provisions of Article 40 of the Act, to the effect that said right with regard to land A after the parcel subdivision has been extinguished by the accessory registration that is made for said registration of right of the registration record of land A after the parcel subdivision shall be recorded and the marks to cancel said registration of right shall also be recorded.
(4)In cases where the registration of parcel subdivision to subdivide land B from land A with a registration of servitude to be made for the servient land, the provisions of paragraph (2) shall apply mutatis mutandis to those cases where the servitude no longer exists with land B (excluding the cases set forth in Article 40 of the Act).
(5)In cases where the registration of parcel subdivision to subdivide land B from land A with a registration of servitude to be made for the servient land, the provisions of paragraph (3) shall apply mutatis mutandis to those cases where the servitude no longer exists in the land A after the parcel subdivision (excluding the case set forth in Article 40 of the Act).
(6)In cases where a registrar makes a registration of parcel subdivision with regard to the land with a registration of servitude to be made for the dominant land, when the information certifying that said servitude shall be extinguished with regard to either piece of land after the parcel subdivision prepared by the easement holder, is provided together with the application information of said registration of parcel subdivision (in cases where there is a registration of right of a third party that is established over said land, limited to cases where the information certifying the acceptance of said third party is provided along with it), he/she shall register to the effect that said servitude has extinguished with regard to said land. The provisions of paragraph (1) (ii), paragraph (2) and paragraph (3) shall apply mutatis mutandis to this case.
(Special Provisions on the Restriction on Registration of Parcel Consolidation)
Article 105The registration of rights that can be registered in the registration record of the land after parcel consolidation as set forth in Article 41 (vi) of the Act shall be the following registrations:
(i)a registration of servitude over a servient land;
(ii)a registration of security interests, for which the purpose of registration, date of acceptance of application, acceptance number, cause of registration and date thereof are the same;
(iii)a registration of trust, for which the matters to be registered as listed in the items of Article 97 (1) of the Act are the same; and
(iv)a registration that is made concerning a registration of compensation for mine damage as prescribed in Article 26 of the Order for Registration of Compensation for Mine Damage (Cabinet Order No.27 of 1955), for which the registration numbers as prescribed in Article 2 of the Ordinance of Registration of Compensation for Mine Damage (Ordinance of the Ministry of Justice No.47 of 1955) are the same.
(Recording Method of the Heading Section of Registration of Parcel Consolidation)
Article 106(1)When a registrar makes a registration of parcel consolidation to consolidate land A into land B, he/she shall record in the heading section of the registration record of land B the matters to be registered in the heading section of the land after the parcel consolidation, including the fact that the land numbers in this case are consolidated and the cancellation code of the changed part of the matters to be registered in the heading section of the previous land.
(2)In the cases set forth in the preceding paragraph, a registrar shall record in the heading section of the registration record of land A the fact that land A is consolidated with the land number in this case and the cancellation code of the matters to be registered of the heading section of the previous land and shall close said registration record.
(Recording Method of the Rights Section of the Registration of Parcel Consolidation)
Article 107(1)In the cases set forth in paragraph (1) of the preceding Article, if land A and land B before the parcel consolidation are lands with registrations of ownership, a registrar shall record the following matters in section A of the registration record of land B:
(i)the fact of making a registration of ownership by parcel consolidation;
(ii)the name and address of the registered holder of the ownership and, if there are two or more registered right holders, the share of each said registered holder of ownership;
(iii)the date of acceptance of the application pertaining to the registration of parcel consolidation and the acceptance number; and
(iv)if there is a registration of trust for which the matters to be registered listed in the items of Article 97 (1) of the Act are the same, said registration of trust.
(2)In the cases set forth in the preceding paragraph, if there is a registration of servitude to be made for a servient land in the registration record of land A, a registrar shall transfer said registration of servitude from the registration record of land A to section B of the registration record of land B and record in said transferred registration of servitude the range of establishment of said servitude and the number of servitude drawings.
(3)In cases where a registration of servitude is to be transferred pursuant to the provisions of the preceding paragraph, if land B has a registration of servitude for a servient land where the purpose of registration, date of acceptance of the application, acceptance number, cause of registration and the date are the same, notwithstanding the provisions of the preceding paragraph, a registrar shall record in the registration record of land B the parcel number of land A and the fact that there is a registration on the same matters with regard to land A and shall make a record in said registration of servitude pursuant to the provisions of said paragraph.
(4)The provisions of Article 103 (2) through (4) shall apply mutatis mutandis to the cases set forth in the preceding two paragraphs.
(5)In the cases set forth in paragraph (1), when the registration records of land A and land B have a registration of security interests where the purpose of registration, date of acceptance of the application, acceptance number, cause of registration and the date are the same, a registrar shall record by accessory registration in the registration record of land B the fact that said registration concerns all of the land after the parcel consolidation.
(Registration of Parcel Subdivision and Parcel Consolidation)
Article 108(1)In cases where part of land A is subdivided and the portion is consolidated into land B, when a registrar makes a registration of parcel subdivision and registration of parcel consolidation, he/she shall record in the heading section of the registration record of land B the matters to be registered in the heading section of the land after parcel consolidation, the fact that part of the land number in this case is consolidated and the cancellation code of the changed part of the matters to be registered in the heading section of the previous land. In this case, the provisions of Article 106 shall not apply.
(2)When a registrar makes a registration as prescribed in the preceding paragraph, he/she shall record in the heading section of the registration record of land A the matters to be registered in the heading section of the remaining part of the land, the fact that the part of land is consolidated with the land number in this case, and the cancellation code of the changed part of the matters to be registered in the heading section of the previous land. In this case, the provisions of Article 101 (1) and (2) shall not apply.
(3)The provisions of Article 102 (1) (limited to the part pertaining to the registration of servitude to be made for a servient land), Article 103, Article 104 and the preceding Article shall apply mutatis mutandis to the cases set forth in paragraph (1).
(Registration of Loss of Land)
Article 109When a registrar makes a registration of loss of land, he/she shall record the cancellation code of the matters to be registered in the heading section of the registration record of said land and close said registration record.
Article 110(1)In the cases set forth in the preceding Article, if the lost land was subject to a right other than ownership along with other real property (limited to those cases where it is recorded to that effect in the registration record), a registrar shall record in section B of the registration record of said other real property matters related to the real property location of the lost land, the cause of loss and the fact that said land is lost and shall record the cancellation code of the matters related to the real property location of said lost land that are recorded in a record stating the fact that said lost land is subject to a right along with other real property.
(2)When the lost land is subject to security interests together with other real property, a registrar shall make the record pursuant to the provisions of the preceding paragraph (excluding the record of matters related to the real property location of the lost land) in an inventory of joint securities.
(3)In the cases set forth in paragraph (1), if said other real property is in the jurisdictional district of another registry office, a registrar shall notify said other registry office to that effect without delay.
(4)A registrar of the registry office that receives the notice pursuant to the provisions of the preceding paragraph shall make a registration pursuant to the provisions of paragraphs (1) and (2) without delay.
Subsection 3 Registration of a Building Description
(Building)
Article 111A building shall have roof and wall or similar thereto, shall be a building structure affixed to the land and shall be in a condition available for the use of its purpose.
(Building Number)
Article 112(1)The building number shall be specified using the same number as the parcel number of the building site for each numbered district; provided, however, that if there are two or more buildings on one parcel of land, there is one building on two or more parcels of land or there are other special circumstances, it shall be specified by the method of providing a sub-number to the same number as the parcel number of the site or by another method.
(2)A code shall be provided to an annex building.
(Type of Building)
Article 113(1)The type of the building shall be specified based on the main use of the building by placing it in one of the following categories: homes, stores, dormitories, apartment houses, offices, hotels, restaurants, factories, warehouses, garages, power plants and transformer substations and buildings that do not fall under said categories shall be specified according to their main use.
(2)In cases where there are two or more main uses of the building, the building type shall be specified by said two or more uses.
(Building Structure)
Article 114The structure of the building shall be specified by the construction materials used for the main part of the building, the type of roof and the number of floors by using the following categories and those buildings that do not fall under these categories shall be specified according to these specifications:
(i)categorization by construction material:
(a)wooden construction;
(b)earthen-wall construction;
(c)stone construction;
(d)brick construction;
(e)concrete-block construction;
(f)steel-frame construction;
(g)reinforced concrete structure; or
(h)steel reinforced concrete structures.
(ii)categorization by roof type:
(a)tile roofing;
(b)slate roofing;
(c)galvanized steel plate roofing;
(d)thatch; or
(e)deck roof.
(iii)categorization by number of floors:
(a)single-floor construction; or
(b)two-floor construction (buildings with three or more floors shall be placed in this category)
(Building Floor Area)
Article 115The floor area of the building shall be determined by the horizontal projection area of the parts bounded by the center lines of the wall or other boundaries (in cases of a condominium unit, the inner lines of the wall or other boundaries) for each floor; its unit of measure shall be in square meters; and fractions of less than 1/100th of one square meter shall be rounded down.
(Building Number of Condominium Units)
Article 116(1)In the heading section of the registration record of a building that is a condominium unit, in addition to the matters to be registered in the heading section of the building, the building number of other buildings that belong to the condominium to which said building belongs to shall be recorded.
(2)When a registrar makes a registration of change or registration of correction concerning the building number of a building that is a condominium unit, he/she shall record the cancellation code of the building number of said building that has been recorded in the registration record of other buildings that belong to the condominium to which said building belongs to and shall record the building number after the change of after the correction.
(Closure of the Registration Record of Condominium Units)
Article 117(1)In cases where a registrar closes the registration record of a building which is a condominium unit, when another building (excluding one that is registered as an annex building) exist in the condominium to which said building (hereinafter referred to as the "closed building" in this Article) belongs, after said closure of the registration record, notwithstanding the provisions of Article 8, he/she shall not be required to record the cancellation code of the following matters that are recorded in the registration record of the closed building:
(i)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the condominium is located and the parcel number of the land;
(ii)structure and floor area of the condominium;
(iii)if there is the name for the condominium, the name; and
(iv)the building number of said other building that is recorded pursuant to the provisions of paragraph (1) of the preceding Article.
(2)In the cases set forth in the preceding paragraph, a registrar shall record the cancellation code of the building number of said closed building that is recorded in the registration record of the other building which belongs to the condominium to which the closed building belongs.
(3)In the cases other than the cases prescribed in the paragraph (1), when a registrar closes the registration record of a building which is a condominium unit, he/she shall record the cancellation code of the matters listed in the items of paragraph (1) in the registration record of the closed building and in the registration record (including what has been closed) of the other buildings that belong to the condominium to which said closed building belongs.
(Recording Method of the Right of Site in the Heading Section)
Article 118When a registrar records the right of site listed in Article 44 (1) (ix) of the Act in the heading section of the registration record of a building that is a condominium unit, he/she shall record the following matters in addition to the cause of registration of the right of site and the date:
(i)the following matters concerning land that is subject to the right of site:
(a)the code that is provided in accordance with the order of recording said land;
(b)matters related to the real property location of said land;
(c)the land category; and
(d)the parcel area:
(ii)the type of right of site; and
(iii)the share of the right of site.
(Registration of Categorization as a Right of Site)
Article 119(1)When a registrar makes a registration of categorization as a right of site as set forth in Article 46 of the Act, he/she shall record the following matters in the corresponding section of the rights section of the registration record of the land that is subject to the right of site:
(i)the fact that it is a right of site;
(ii)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the condominium, to which the condominium unit for which said right of site is registered belongs, is located and the parcel number of the land;
(iii)the structure and floor area of the condominium to which the condominium unit for which said right of site is registered belongs and the name of said condominium;
(iv)if said right of site is a right of site for part of a building that belongs to the condominium, the building number of said part of building; and
(v)the date of registration.
(2)When the land that is subject to the right of site is in the jurisdictional district of another registry office, a registrar shall notify said other registry office of the matters to be recorded pursuant to the provisions of the preceding paragraph.
(3)The registrar of the registry office that receives the notification pursuant to the provisions of the preceding paragraph shall record without delay the notified matters in the corresponding section of the rights section of the registration record of the land which is subject to the right of site.
(Registration, etc. by Reason of Combination)
Article 120(1)In cases of making a heading registration of a building for a building after combination, if there is a building with a registration of ownership in the building before the combination, it shall not require the recording of the matters to be registered concerning the heading-section owner in the heading section of the registration record of the building after combination. The same shall apply to cases where there is also an application for registration of ownership pursuant to the provisions of the second sentence of Article 49 (1) of the Act.
(2)In the cases set forth in the first sentence of the preceding paragraph, when a registrar has made a heading registration, he/she shall record the matters listed in the following items in section A of the registration record of said building after the combination:
(i)the fact of making a registration of ownership by reason of combination;
(ii)the name and address of the registered holder of ownership and if there are two or more registered right holders, the share of each said registered holder of ownership; and
(iii)the date of registration.
(3)In cases where an application is also filed for registration of ownership pursuant to the provisions of the second sentence of Article 49 (1) of the Act, when a registrar makes a registration of ownership based on said application, he/she shall record the date of acceptance of said application and the acceptance number in addition to the matters listed in the items of the preceding paragraph.
(4)In cases where there is a surviving registration (meaning a surviving registration as prescribed in application information section (c) in paragraph (xiii) of the Appendix Table of the Order; the same shall apply hereinafter in this paragraph) with regard to the building before combination, when a registrar makes the same registration as said surviving registration with respect to the share of the building after combination, he/she shall transfer said surviving registration from the registration record of the building before combination to the corresponding section of the rights section of the registration record of the building after combination and shall record the fact that the registration has been transferred pursuant to the provisions of this paragraph and the date at the end of the record.
(5)Registration of the fact that the right is extinguished pursuant to the provisions of Article 50 of the Act shall be made in cases where the following information is provided together with the application information of the registration, etc. by reason of combination:
(i)information that is certifying that the registered right holder of said right (in cases where said right is a mortgage, if mortgage securities have been issued, including the holder or endorser of said mortgage securities) has accepted to extinguish the right and that is prepared by said registered right holder or information certifying that there was a judicial decision where anyone was able to assert the defense against said registered right holder;
(ii)if there is a registration of a third party's right that is established over the right set forth in the preceding item, information preparation by said third party certifying the acceptance of said third party or information certifying that there was a juridical decision where anyone could assert a defense against said third party; or
(iii)if the right set forth in item (i) is a mortgage for which mortgage securities have been issued, said mortgage securities.
(6)Registration of the fact that the right in the cases set forth in the preceding paragraph has been extinguished shall be made by an accessory registration. In this case, notwithstanding the provisions of paragraph (4), it shall not be required to transfer the registration of right pertaining to said extinguished right to the registration record of the building after combination.
(7)The provisions of Article 124 shall apply mutatis mutandis to cases where a condominium unit with the right of site is combined and the registration of the right of site is not made with regard to the building after combination.
(8)The provisions of the preceding Article shall not apply to cases where all of two or more buildings before combination are condominium units with the right of site and the building after combination also becomes a condominium unit with the right of site, when the total share of all rights of site of the building before combination is the share of the right of site of the building after combination.
(9)The provisions of Article 144 shall apply mutatis mutandis to cancellation of the registration of the heading section of the building before combination.
(Registration of Newly Constructed Annex Buildings)
Article 121When a registrar makes a registration of change concerning matters to be registered in the heading section of the building for the new construction of an annex building, he/she shall record the code, type, structure and floor area of the annex building in the heading section of the registration record of the building.
(Registration of Change of the Heading Section of a Condominium Unit)
Article 122(1)The matters to be registered as specified by an ordinance of the Ministry of Justice as set forth in Article 51 (5) of the Act shall be as follows:
(i)matters related to the real property location, land category and parcel area of the land that is subject to the right of site; and
(ii)type of right of site.
(2)The matters specified by an ordinance of the Ministry of Justice as set forth in Article 51 (5) as applied mutatis mutandis pursuant to Article 53 (2) of the Act shall be the matters listed in the items of the preceding paragraph, the cause of registration of the right of site and the date.
(Registration in Cases of Registering the Right of Site by Registration of Change in the Heading Section of the Building)
Article 123(1)In cases where a registrar makes a new registration of a right of site by a registration of change or registration of correction concerning the matters to be registered in the heading section of the building, when there is a registration of the right pertaining to the ownership or specified security interests (meaning general registered statutory liens, pledges or mortgages; the same shall apply hereinafter in this Article) with regard to the building, excluding registration of ownership, he/she shall record the fact that the registration only concerns the building by an accessory registration that is made for said registration of the right; provided, however, that this shall not apply to a registration of right pertaining to the specified security interests where the purpose, etc. (meaning the purpose of registration, the date of acceptance of application, acceptance number, the cause of registration and the date; the same shall apply hereinafter in this paragraph) of said registration is the same as the purpose, etc. of a registration of right pertaining to specified security interests, which is made for said right of the site.
(2)In the cases set forth proviso to the preceding paragraph, a registrar shall cancel the registration of right pertaining to the specified security interests that is made for said right of site by his/her own authority. In this case, he/she shall record the fact that the registration is cancelled pursuant to the provisions of this paragraph in the corresponding section of the rights section of the registration record of the land that is subject to the right of site and the date.
(Cancellation of Registration of Right of Site)
Article 124(1)With regard to a condominium unit with the right of site, when a registrar has made a registration of change concerning the heading section of the building based on the fact that the right which was the right of site has become a right other than the right of site, he/she shall record in the corresponding section of the rights section of the registration record of the land that was subject to said right of site to the effect that the right of site is cancelled by the registration of change of the right of site and the date and shall cancel the registration of categorization as the right of the site as stated in said section. The same shall apply to cases where he/she makes a registration of change concerning the heading section of a building based on the fact that the right which was a right of site is extinguished.
(2)In the cases set forth in the first sentence of the preceding paragraph, a registrar shall record in the corresponding section of the rights section of registration record of the land set forth in said paragraph, the right which was the right of site; the name and address of a registered right holder of the right; if there are two or more registered right holders, the share of each registered right holder of said right; the fact that the registration is made by reason that the registration of categorization as the right of site is cancelled; and the date of the registration.
(3)In cases where the registration set forth in the provisions of the preceding paragraph is to be made, if there is a specified registration (meaning a specified registration as prescribed in Article 55 (1) of the Act; the same shall apply hereinafter) in the registration record of a condominium unit with the right of site, a registrar shall copy said specified registration to the corresponding section of the rights section of the registration record of the land set forth in paragraph (1) from the registration record of said condominium unit with the right of site.
(4)In the cases set forth in the preceding paragraph, when there is a registration that is made after the registration to be copied pursuant to the provisions of the preceding paragraph in the corresponding section of the rights section of the registration record of the land set forth in paragraph (1), notwithstanding the provisions of said paragraph, a registrar shall newly prepare a registration record of said land, transfer the registration that has been made in the heading section of the previous registration record to the heading section of said registration record, as well as copy the registration to be copied pursuant to the provisions of said paragraph and transfer the registration that was made in the rights section of the previous registration record in the rights section in accordance with the order of the rights. In this case, he/she shall record in the heading section and the rights section of the previous registration record the fact that the registration has been transferred pursuant to the provisions of this paragraph and the date, and shall close the previous registration record.
(5)When a registrar copies or transfers the registration to the corresponding section of the rights section of the registration record of the land pursuant to the provisions of the preceding two paragraphs, he/she shall record that it has been copied or transferred pursuant to the provisions of paragraph (3) or (4) at the end of the registration.
(6)When the registration to be copied pursuant to the provisions of paragraph (3) is the registration of a general registered statutory lien, pledge or mortgage, a registrar shall prepare an inventory of joint securities. In this case, he/she shall record the code of the newly prepared inventory of joint securities and the inventory number at the end of the registration pertaining to the copied right in each registration record of the building and land.
(7)The provisions of the preceding paragraph shall not apply to cases where an inventory of joint securities has been prepared with regard to the right pertaining to the registration to be copied.In this case, a registrar shall record the cancellation code of the right that is established on the previous condominium unit with the right of site in said inventory of joint securities, the right over the building and land after extinction of the right of site, and then the code of said inventory of joint securities and the inventory number at the end of registration of said right in the registration record of land.
(8)In cases where a registrar makes a registration of change as set forth in paragraph (1), if the land that is subject to the right of site is in the jurisdictional district of another registry office, he/she shall notify said other registry office of the fact that the registration set forth in said paragraph has been made and the matters to be recorded or copied pursuant to the provisions of paragraph (2) or (3).
(9)The registrar of the registry office that receives the notification set forth in the preceding paragraph shall take the procedures specified in paragraphs (1) through (7) without delay.
(10)The provisions of the second sentence of Article 6 shall apply mutatis mutandis to cases of transferring the registration pursuant to the provisions of paragraph (4).
(Registration of an Extinction of Right Pertaining to Specified Registration)
Article 125(1)Registration in cases where the right pertaining to a specified registration is extinguished shall be made in cases where the following information is provided together with the application information for the registration of change of the right of site:
(i)the information that certifies that the registered right holder of said right (in cases where said right is a mortgage, if mortgage securities have been issued, a holder or endorser of said mortgage securities) has accepted to extinguish said right and that is prepared by said registered right holder or the information certifying that there was a judicial decision where anyone was able to assert a defense against said registered right holder;
(ii)If there is a registration of a third party's right that is established over the right set forth in the preceding item, information prepared by said third party certifying that said third party has accepted or information certifying that there was a judicial decision where anyone was able to assert a defense against said third party;
(iii)if the right set forth in item (i) is a mortgage for which mortgage securities have been issued, said mortgage securities.
(2)Registration of the fact that the right pertaining to specified registration in the cases set forth in the preceding paragraph has been extinguished with respect to the land shall be made by an accessory registration. In this case, notwithstanding the provisions of paragraph (3) of the preceding Article, it shall not be required to copy the registration of right pertaining to said extinguished right to the registration of land.
(3)Registration of the fact that the right pertaining to specified registration in the cases set forth in paragraph (1) has been extinguished with respect to the building shall be made by an accessory registration. In this case, the date of registration and the cancellation code of said registration of right shall be recorded.
(4)The provisions of the preceding three paragraphs shall apply mutatis mutandis to registration in cases where the right pertaining to the specified registration pursuant to the provisions of Article 55 (2) through (4) of the Act has extinguished.
(Registration of Correction by Reason of Absence of Right of Site)
Article 126(1)When a registrar has made a registration of correction concerning the heading section of the building due to the absence of the right of site, he/she shall record the fact that the right of site is cancelled by making a registration of correction of the right of site and the date in the corresponding section of the rights section of the registration record of the land which is subject to the right and shall cancel the registration of categorization as the right of site in said section.
(2)In the cases set forth in the preceding paragraph, when there is a registration which has the effect as a registration of transfer of the right of site pursuant to the provisions of the main clause of Article 73 (1) of the Act, a registrar shall copy all of said registration in the corresponding section of the rights section of the registration record of the land set forth in the preceding paragraph.
(3)The provisions of Article 124 (3) through (10) shall apply mutatis mutandis to the cases set forth in the preceding paragraph.
(Recording Method of the Heading Section of the Registration of Separation of a Building)
Article 127(1)When a registrar makes a registration of separation of a building where an annex building of building A is separated from building A and is established as building B, he/she shall newly prepare a registration record with respect to building B and shall record the fact that the annex building is separated from the building with building number in this case in the heading section of said registration record.
(2)In the cases set forth in the preceding paragraph, a registrar shall record in the heading section of the registration of building A the fact that the annexed building is separated into the building with the building number in this case and the cancellation code of the separated annex building.
(3)In the cases set forth in paragraph (1), if a change arises with the matters related to the real property location by the separation, a registrar shall record the matters related to the real property location after the change, the fact that it is changed by the separation and the cancellation code of the matters related to the real property location before the change.
(Recording Method of the Rights Section for the Registration of Separation of a Building)
Article 128(1)The provisions of Article 102 and Article 104 (1) through (3) shall apply mutatis mutandis to the cases where a registration of separation of a building where an annex building of building A is separated from building A and established as building B pursuant to the provisions of paragraph (1) of the preceding Article.
(2)When a registration of ownership that is currently in effect with regard to the building before separation is made and then a registration of change concerning the matters to be registered in the heading section of the building before said separation is made by the new construction of an annex building pertaining to said separation, a registrar shall record the following matters in section A of the registration record of building B instead of copying said registration of ownership pursuant to the provisions of Article 102 as applied mutatis mutandis pursuant to the preceding paragraph:
(i)the fact of making a registration of ownership due to separation;
(ii)The name and address of the registered holder of ownership, and if there are two or more registered right holders, the share of each registered holder of ownership; and
(iii)the date of registration.
(Recording Method of the Heading Section of the Registration of Division into Units)
Article 129(1)When a registrar makes a registration of division into units where building A, which is not a condominium unit, is divided into building A and building B, he/she shall prepare a new registration record with respect to each building after the division and record the fact that it is divided from the building with building number in this case in the heading section of each registration record.
(2)In the cases set forth in the preceding paragraph, a registrar shall record in the heading section of the registration record of building A before the division the fact that it is transferred by division to the registration records of buildings with building numbers in this case and the cancellation code of the matters to be registered of the heading section of the previous building and shall close said registration record.
(3)When a registrar makes a registration of division into units where building A that is a condominium unit is divided into building A and building B, he/she shall prepare a new registration record with respect to building B and shall record the fact that it is divided from the building with building number in this case in said new registration record.
(4)In the cases set forth in the preceding paragraph, a registrar shall record in the heading section of the registration record of building A the matters to be registered in the heading section of remaining part of the building, the fact that the building with building number in this case is divided and the cancellation code of the changed part of the matters to be registered in the heading section of the previous building.
(Recording Method of the Rights Section for the Registration of Division into Units)
Article 130(1)In the cases set forth in paragraph (1) of the preceding Article, a registrar shall transfer the registration of the right from the registration record of the building before the division to the corresponding section of the rights section of a new registration record with respect to each building after division and the date of acceptance of the application pertaining to the registration of division into units and the acceptance number.In this case, the provisions of the second sentence of Article 102 (1), (2) and (3) and Article 104 (1) through (3) shall apply mutatis mutandis.
(2)The provisions of Article 102 and Article 104 (1) through (3) shall apply mutatis mutandis to the registration of right in the cases set forth in paragraph (3) of the preceding Article.
(3)In cases where the registration of division into units is made pursuant to the provisions of paragraph (1) of the preceding Article, the provisions of Article 123 shall apply mutatis mutandis to cases where the building after division becomes a condominium unit with the right of site.
(Special Provisions on the Restriction on Registration of a Merger of Buildings)
Article 131Registrations of right that may be registered in the registration record of the building after the merger set forth in Article 56 (v) of the Act shall be the following registrations:
(i)registrations of security interests, for which the purpose of registration, date of acceptance of application, acceptance number, cause of registration and the date are the same; and
(ii)registrations of trust, for which the matters to be registered as listed in items of Article 97 (1) of the Act are the same.
(Recording Method of the Heading Section of the Registration of an Attachment Merger)
Article 132(1)When a registrar makes a registration of a merger of buildings pertaining to a merger of buildings where building A is merged into building B as its annex building (hereinafter referred to as an "attachment merger"), he/she shall record in the heading section of the registration record of building B the matters to be registered in the heading section of the building after the attachment merger and the fact that the building with building number in this case is merged.
(2)In the cases set forth in the preceding paragraph, in cases where a change arises with matters related to the real property location due to an attachment merger, a registrar shall record matters related to the real property location after the change, the fact that it is changed due to the merger and the cancellation code of the matters related to the real property location before the change.
(3)In the cases set forth in paragraph (1), a registrar shall record in the heading section of the registration record of building A the fact that it is merged with the building with building number in this case and the cancellation code of the matters to be registered in the heading section of the previous building, and shall close said registration record.
(Recording Method of the Heading Section of the Registration of a Division Merger)
Article 133(1)When a registrar makes a registration of merger of buildings pertaining to the merger of buildings where building A, which is a condominium unit, is merged with building B or an annex building of building B (limited to cases where building B or the annex building of building B is a condominium unit adjoining building A; hereinafter referred to as a "division merger" ), he/she shall record in the heading section of the registration record of building B the matters to be registered in the heading section of the building after the division merger, the fact that the building with building number in this case is merged and the cancellation code of the changed part of the matters to be registered in the heading section of the previous building.
(2)In the cases prescribed in the preceding paragraph, a registrar shall record in the heading section of the registration record of building A the fact that it is merged into the building with building number in this case is merged and the cancellation code of the matters to be registered in the heading section of the previous building and shall close said registration record.
(3)Notwithstanding the provisions of paragraph (1), in cases where a registrar makes a registration of the merger of buildings pertaining to a division merger (excluding cases of merging building A to an annex building of building B), if the building after the division merger is not a condominium unit, he/she shall newly prepare a registration record with respect to building B after the division merger and shall record in the heading section of said registration record the matters to be registered in the heading section of the building after the division merger and the fact that it is transferred from the registration record of the building with the building number in this case.
(4)In the cases set forth in the preceding paragraph, a registrar shall record in the heading section of the registration record of building B before the division merger that fact that the building with building number in this case is merged, the fact that it is transferred by merger to the registration record of the building with the building number in this case and the cancellation code of the matters to be registered in the heading section of the building with respect to building B, and shall close the registration record of building B.
(Recording Method of the Rights Section for the Registration of a Merger of Buildings)
Article 134(1)The provisions of Article 107 (1) and (5) shall apply mutatis mutandis to the registration of a merger of buildings.
(2)In the cases set forth in paragraph (3) of the preceding Article, when there is a registration as prescribed in Article 131 for all buildings before the division merger, a registrar shall transfer said registration to section B of the registration that is newly prepared with respect to the building after the division merger pursuant to the provisions of said paragraph and shall record the fact that said registration concerns all of the building after the merger by an accessory registration.
(3)In cases of making a registration of a merger of buildings pertaining to a division merger, the provisions of Article 124 shall apply mutatis mutandis to cases where the building after the division merger becomes a building without the right of site.
(Recording Method of the Heading Section for the Registration of a Separation of Buildings and the Registration of an Attachment Merger)
Article 135(1)In cases where an annex building of building A is separated from the registration record of building A to be an annex building of building B, when a registrar makes a registration of the separation of buildings and a registration of the merger of buildings, he/she shall record in the heading section of the registration record of building B the matters to be registered in the heading section of the building after the attachment merger and the fact that it is separated from the building with the building number in this case and merged. In this case, the provisions of Article 132 (1) and (3) shall not apply.
(2)In the cases set forth in the preceding paragraph, with regard to the annex building pertaining to the separation in the heading section of the registration record of building A, a registrar shall record the fact that it is merged with the building with the building number in this case and the cancellation code of the changed part of the matters to be registered in the heading section of the previous building. In this case, the provisions of Article 127 (1) and (2) shall not apply.
(Recording Method of the Heading Section for the Registration of Separation and Division Merger of Buildings)
Article 136(1)In cases where an annex building of building A (limited to a condominium unit) is separated from the registration record of building A and is merged with building B or an annex building of building B (limited to cases where building B or the annex building of building B is a condominium unit adjoining the annex building of building A), when a registrar makes a registration of separation of buildings and a registration of merger of buildings, he/she shall record in the heading section of the registration record of building B the matters to be registered in the heading section of the building after the division merger, the fact that part of the building with the building number in this case is merged and the cancellation code of the changed part of the matters to be registered in the heading section of the previous building. In this case, the provisions of Article 133 (1) and (2) shall not apply.
(2)In the cases set forth in the preceding paragraph, the provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to the recording method of the heading section of the registration record of building A.
(3)In the cases set forth in paragraph (1), (excluding cases where the annex building of building A is separated and merged with the annex building of building B) the provisions of Article 133 (3) and (4) shall apply mutatis mutandis to cases where building B after the division merger becomes a building that is not a condominium unit.
(Recording Method of the Heading Section for the Registration of Division into Units and Attachment Merger)
Article 137(1)In cases where building A is divided to have the part of the building be an annex building of building B, the provisions of Article 135 (1) shall apply mutatis mutandis to the recording method of the heading section of the registration record of building B in cases where a registration of division into units and registration of attachment merger are made.
(2)In the cases set forth in the preceding paragraph, if building A before the division is a building that is not a condominium unit, a registrar shall newly prepare a registration record with respect to building A after the division, record in the heading section of said registration record the fact that it is divided from the building with the building number in this case , record in the registration record of building A before the division the fact that it is transferred to the registration records of the buildings with building numbers in this case by division and merger and the cancellation code of the matters to be registered in the heading section of the previous building, and then close said registration record. In this case, the provisions of Article 129 (1) and (2) shall not apply.
(3)In the cases set forth in paragraph (1), if building A before division is a condominium unit, a registrar shall record in the heading section of the registration record of building A the matters to be registered in the heading section of the remaining part of the building, the fact that the divided part is merged with the building with building number in this case and the cancellation code of the changed part of the matters to be registered in the heading section of the previous building. In this case, the provisions of Article 129 (3) and (4) shall not apply.
(Recording Method of the Heading Section for the Registration of Division into Units and Division Merger)
Article 138(1)In cases where building A is divided to have the part of the building merge with building B or an annex building of building B (limited to cases where building B or the annex building of building B is a condominium unit adjoining said part of the building), the provisions of Article 136 (1) shall apply mutatis mutandis to the recording method of the heading section of the registration record of building B in cases of making a registration of division into units and registration of merger of buildings.
(2)In the cases set forth in the preceding paragraph (limited to cases where building A before the division was a condominium unit), the provisions of paragraph (3) of the preceding Article shall apply mutatis mutandis to the recording method of the heading section of the registration record of building A.
(Recording Method of the Rights Section for the Registration of Division into Units and Registration, etc. of Attachment Merger)
Article 139The provisions of Article 104 (1) through (3) and Article 107 (1) and (5) shall apply mutatis mutandis to the recording method of the rights section in the cases set forth in Article 135 through the preceding Article.
(Registration, etc. in Cases Where the Building Becomes a Condominium Unit)
Article 140(1)When a registrar makes a registration of change concerning the matters to be registered in the heading section as prescribed in Article 52 (1) and (3) of the Act, he/she shall newly prepare a registration record with respect to the building that is a condominium unit pertaining to said registration of change and record in the heading section of said registration record the fact that the registration is transferred pursuant to the provisions of this paragraph.
(2)In the cases set forth in the preceding paragraph, in the corresponding section of the rights section of the newly prepared registration, a registrar shall transfer the registration of right from the registration record of the building before the change and record the date of registration and the fact that the registration is transferred pursuant to the provisions of this paragraph.
(3)In the cases set forth in paragraph (1), a registrar shall record in the heading section of the registration of the building before the change the fact that the registration is transferred pursuant to the provisions of said paragraph and the cancellation code of the matters to be registered in the heading section of the previous building and close said registration record.
(4)The provisions of the preceding three paragraphs shall apply mutatis mutandis to cases where a building that is a condominium unit becomes a building that is not a condominium unit by reasons other than a division merger.In this case, the term "building that is a condominium unit" in paragraph (1) shall be deemed to be replaced with "building."
(Registration, etc. of Categorization as a Common Element)
Article 141When a registrar makes a registration of categorization as a common element or registration of categorization as a common element of a housing complex, he/she shall record the cancellation code of the matters to be registered concerning the heading-section owner for a building without registration of ownership and shall cancel the registration of right for a building with registration of ownership.
(Separation, etc. of a Building with Registration of Categorization as a Common Element)
Article 142In cases where a registrar makes a registration of separation of a building where an annex building of building A is separated from building A, for which a registration of categorization as a common element or registration of categorization as a common element of a housing complex, to designate the annex building as building B or where he/she makes a registration of division into units where building A is divided into building A and building B, if there are matters to be registered listed in items of Article 58 (1) of the Act in the registration record of building A, he/she shall copy said matters to be registered in the registration record of building B.
(Heading Registration of a Building by Abolition of the Regulation, etc. that Categorizes the Building as a Common Element)
Article 143In cases where an application is filed for a heading registration of a building by abolition of the regulation that categorizes the building as a common element or common element of a housing complex, when a registrar makes a heading registration based on said application, it shall be sufficient that he/she shall record in the heading section of the registration record of said building the name and address of the owner, the share of each owner if there are two or more owners and the content of the right of site, if any. In this case, he/she shall record the cancellation code of the record of the fact that categorizes the building as a common element or common element of a housing complex.
(Registration of Loss of a Building)
Article 144(1)When a registrar makes a registration of loss of a building, he/she shall record the cancellation code of the matters to be registered in the heading section of the registration record of said building and shall close said registration record.
(2)The provisions of Article 110 shall apply mutatis mutandis to the registration set forth in the preceding paragraph.
(Registration of Loss of a Condominium Unit with the Right of Site)
Article 145(1)The provisions of Article 124 (1) through (5) and (8) through (10) shall apply mutatis mutandis to cases of making a registration of loss of a condominium unit with the right of site.
(2)In the cases set forth in the preceding paragraph, the provisions of Article 124 (6) and (7) shall apply mutatis mutandis to cases where there are two or more parcels of land which were subject to the right of site of said condominium unit with the right of site.
Section 3 Registration of Right
Subsection 1 General Rules
(Registration of Rights Section)
Article 146In cases where a registrar makes a registration of right in the corresponding section of the rights section, unless otherwise provided for in the laws and regulations, in the matters to be registered for the registration of right, he/she shall record what is to be newly recorded in addition to the purpose of registration, the date of acceptance of the application, acceptance number, the cause of registration and the date.
(Order Number of Priority, etc.)
Article 147(1)When a registrar makes a registration of right, he/she shall record in the corresponding section of the rights section the number indicating the order of having recorded the matters to be registered.
(2)When a registrar makes two or more of registrations of right that are in the same order of priority, he/she shall provide a code for the order number of priority in order to identify said registration.
(3)matters for clarifying the order of priority set forth Article 2 (viii) of the Order shall be the order number of priority and the code set forth in the preceding paragraph.
(Order Number of Priority of Accessory Registration)
Article 148When recording the order number of priority of accessory registration, it shall be recorded by the method of adding an accessory number in this case to the order number of priority of the principal registration.
(Registration of Provisions Concerning the Extinction of the Right)
Article 149In cases where a registrar has made a registration of provisions concerning the extinction of a right that is subject to the registration, when he/she makes a registration to cancel a registration because the right has been extinguished due to said provisions or makes another registration, he/she shall cancel the registration of provisions concerning the extinction of said right.
(Registration of Change or Registration of Correction of Right)
Article 150When a registrar makes a registration of change or registration of right, he/she shall record the cancellation code of the matters before the change or before the correction.
(Correction of Registration)
Article 151When a registrar corrects a registration pursuant to the provisions of Article 67 (2) of the Act, he/she shall record the title of the person who gave the consent set forth in said paragraph, the date of consent and the date of registration.
(Cancellation of Registration)
Article 152(1)When a registrar cancels the registration of right, he/she shall make a registration of cancellation as well as a record of the cancellation code of the registration to be cancelled.
(2)In the cases set forth in the preceding paragraph, when there is a registration of a third party's right that is established over the right pertaining to the cancellation, he/she shall cancel said registration of a third party's right. In this case, he/she shall record the fact that said registration of a third party's right is cancelled by reason of the cancellation of said registration of right and the date of registration.
(Cancellation of Registration by a Registrar's Own Authority)
Article 153When a registrar cancels a registration pursuant to the provisions of Article 71 (4) of the Act, he/she shall record the reasons thereof in the registration record.
(Method of Public Notice in Cases of Cancellation of Registration by a Registrar's Own Authority)
Article 154The public notice set forth in Article 71 (2) of the Act shall be given for two weeks by the method of posting it in the posting area of the registry office where the registration to be cancelled has been registered and at another place within the registry office that is easily visible to the public or by the method of providing the content of information recorded in the file stored on a computer used by the registry office for the inspection of persons who receive information through the telecommunications line and of recording said information in a file stored on a computer used by persons who receive said information, which uses the automatic public transmission server (meaning an automatic public transmission server as prescribed in Article 2 (1) (ix)-5 (a) of the Copyright Act (Act No. 48 of 1970); the same shall apply in Article 217 (1) (including cases where it is applied mutatis mutandis pursuant to Article 232 (5), Article 244 (4), Article 245 (4) and Article 246 (2)) connected to the Internet.
(Restoration of Cancelled Registration)
Article 155When a registrar restores a registration that has been cancelled, he/she shall make a registration of restoration and then make the same registration as the registration pertaining to the cancellation.
(Registration of Right of a Building with Registration of Right of Site)
Article 156When a registrar makes a registration as prescribed in proviso to Article 73 (3) of the Act, he/she shall record the fact that said registration concerns only the building and the date of registration by attaching a statement to that effect to said registration.
Subsection 2 Registration of Ownership
(Registration of Preservation of Ownership to Be Made for a Real Property Without Heading Registration)
Article 157(1)What is provided for by an ordinance of the Ministry of Justice as set forth in Article 75 of the Act (including cases where it is applied mutatis mutandis pursuant to Article 76 (3) of the Act; the same shall apply in the following paragraph) shall be matters other than the following matters in the matters to be registered concerning the description:
(i)matters to be registered concerning the heading-section owner;
(ii)the cause of registration and the date; and
(iii)the cause of registration of the right of site and the date (excluding the cases set forth in Article 75 of the Act as applied mutatis mutandis pursuant to Article 76 (3) of the Act).
(2)When making a registration pursuant to the provisions of Article 75 of the Act, the fact that the registration is made in order to register ownership in the heading section shall be recorded.
(3)When a registrar makes a registration of restriction on the disposition of ownership by commission with respect to a real property without registration of ownership, he/she shall record in section A of the registration record the name and address of the owner, and if there are two or more registered right holders, the share for each said registered holder of ownership and the fact that the registration of ownership is made by commission of the registration of restriction on the disposition.
(Cancellation of Name, etc. of the Heading-Section Owner)
Article 158When a registrar has made a registration of ownership with respect to a real property with a heading registration (excluding a real property with a registration of ownership), he/she shall record the cancellation code of the matters to be registered concerning the heading-section owner.
Subsection 3 Registration of Usufruct
(Registration of Servitude)
Article 159(1)The matters specified by an ordinance of the Ministry of Justice as prescribed in Article 80 (4) of the Act shall be as follows:
(i)the fact that it is a registration of servitude of a dominant land;
(ii)matters related to the real property location pertaining to the servient land and the fact that said land is a servient land;
(iii)purpose and range of establishment of the right of servitude; and
(iv)the date of registration.
(2)In cases where a registrar has made a registration of establishment of servitude, if the dominant land is in the jurisdictional district of another registry office, he/she shall notify said other registry office of the purpose and range of establishment of the servient land, dominant land and the servitude and the date of acceptance of the application for registration of establishment of servitude.
(3)When a registrar has cancelled a registration of change or registration of correction concerning matters to be registered for servitude or a registration of servitude, he/she shall cancel the registration of change or registration of correction or registration concerning the matters listed in the items of paragraph (1) of the registration record of the dominant land or a registration of servitude of the dominant land.
(4)The provisions set forth in paragraph (2) shall apply mutatis mutandis to cases where the registration of change or registration of correction concerning the matters to be registered for servitude or the registration of servitude has been cancelled and the dominant land is in the jurisdictional district of another registry office.
(5)A registrar of a registry office that receives the notification set forth in paragraph (2) (including the cases where it is applied mutatis mutandis pursuant to the preceding paragraph) shall record in section B of the registration record of the dominant land the notified matters or make a registration set forth in paragraph (3).
(Record of Servitude Drawing Number)
Article 160In cases where the range of establishment of servitude is part of the servient land, when a registrar makes a registration of establishment of servitude, he/she shall record at the end of the registration the servitude drawing number. The same shall apply to cases where a registration of change or registration of correction of the range of establishment of servitude and the range of establishment of servitude after the change or after the correction also becomes part of the servient land.
Subsection 4 Registration of Security Interests, etc.
(Registration of Preservation of a Statutory Lien on Construction Work for Real Property in Cases of Constructing a New Building)
Article 161When a registrar makes a registration of preservation of a statutory lien on construction work for real property in cases of constructing a new building, he/she shall record in section A of the registration record the name and address of the person obliged to register and the fact that this registration is made because a registration of preservation of a statutory lien on construction work for real property has been made.
(Registration upon Completion of Construction of a Building)
Article 162(1)In cases where a registrar has made a registration set forth in the preceding Article, when he/she makes a heading registration by for the reason that the construction of the building is completed, he/she shall make a heading registration in the heading section of the registration record for which the registration set forth in said Article has been made and shall record the cancellation code of the matters to be registered listed in Article 86 (2) (i) of the Act.
(2)When a registrar makes a registration of preservation of ownership as set forth in Article 87 (1) of the Act, he/she shall record the cancellation code of matters that have been recorded pursuant to the provisions of the preceding Article.
(3)When a registrar has made a registration of change concerning the matters to be registered in the heading section of the building set forth in Article 87 (2) of the Act, he/she shall record the cancellation code of the matters to be registered as listed in Article 86 (2) (i) of the Act as applied mutatis mutandis pursuant to paragraph (3) of said Article.
(Registration of Correction by Reason of Assigning or Waiving the Order of Priority)
Article 163When a registrar makes a registration of change by reason of assigning or waiving the order of priority with regard to the registered security interests, he/she shall record the order number of priority for the registration of change in parentheses following the order number of priority of said registration of security interests.
(Registration of Change for the Order of Priority of Security Interests)
Article 164When a registrar makes a registration of change for the order of priority of security interests, he/she shall record the order number of priority for the registration of change in parentheses following the order number of priority for the registration of security interests for which the order of priority has been changed.
(Registration of Division and Assignment of Revolving Mortgage, etc.)
Article 165(1)Notwithstanding the provisions of Article 3 (v), registration in cases where a revolving pledge or revolving mortgage (excluding what is established for rights other than ownership) is assigned by division pursuant to the provisions of Article 398-12 (2) of the Civil Code (including cases as applied mutatis mutandis pursuant to Article 361 of the Act) shall be made by the principal registration.
(2)When a registrar records the order number of priority for the registration in cases where the revolving pledge or revolving mortgage is assigned by division pursuant to the provisions of Article 398-12 (2) of the Civil Code (including the cases where it is applied mutatis mutandis pursuant to Article 361 of said Act), he/she shall use the order number of priority for the registration of revolving pledge or revolving mortgage before the division.
(3)When a registrar has recorded the order number of priority pursuant to the provisions of the preceding paragraph, he/she shall provide the code set forth in Article 147 (2) respectively to said order number of priority and the order number of priority for the registration of revolving pledge or revolving mortgage before the division.
(4)When a registrar makes the registration set forth in paragraph (2), he/she shall make a registration of change of a revolving mortgage by the reduction of the maximum amount with respect to the revolving pledge or revolving mortgage before the division by his/her own authority and shall record in said registration the fact of making a registration for the reason that the revolving pledge or revolving mortgage is registered by division and assignment and the date of registration.
(Preparation of an Inventory of Joint Securities)
Article 166(1)In cases where an application has been filed for a registration of preservation or establishment of security interests for which the right for two or more real properties is established, when a registrar makes a registration (excluding the cases prescribed in Article 168 (2)) based on said application, he/she shall prepare an inventory of joint securities pursuant to the provisions of the following Article and shall record at the end of said registration of security interests the code of the inventory of joint securities and the inventory number.
(2)In cases where the application set forth in the preceding paragraph is a written application, a registrar shall record in said application (excluding a magnetic disk on which all of the application information is recorded) the code of inventory of joint securities and inventory number.
(Matters to Be Recorded in the Inventory of Joint Securities)
Article 167(1)When a registrar prepares an inventory of joint securities, he/she shall record the following matters:
(i)the date when the inventory of joint securities has been made;
(ii)the code of the inventory of joint securities and the inventory number; and
(iii)the following matters pertaining to the right for two or more real properties for which the security interests are established:
(a)the number to be provided to said right in accordance with the order of priority of recording to an inventory of joint securities;
(b)matters related to the real property location pertaining to said two or more real properties;
(c)if said right is a right other than ownership, said right; and
(d)the order number of priority of registration of said security interests (excluding registration pertaining to a real property that is in the jurisdictional district of another registry office).
(2)The inventory number set forth in item (ii) of the preceding paragraph shall be updated for each code set forth in said item.
(Registration of Additional Joint Securities)
Article 168(1)The matters specified by an ordinance of the Ministry of Justice as set forth in application information section (b) in paragraph (xlii) of the Appendix Table of the Order, application information section (c) in paragraph (xlvi) of said table, application information section (e) 4. in paragraph (xlvii) of said table, application information section (c) and (f) 4. in paragraph (xlix) of said table, application information section (c) in paragraph (lv) of said table, application information section (d) 4. in paragraph (lvi) of said table, and application information section (c) and (f) 4. in paragraph (lviii) of said table shall be the code of inventory of joint securities and inventory number.
(2)In cases where a registrar makes a registration of preservation or establishment of security interests that is established over the right of one or two or more real properties and then an application is filed for a registration of preservation, establishment or disposition of security interests that is established over the rights of one or two or more real properties in order to secure the same claim, when he/she makes a registration based on said application, he/she shall record at the end of said registration the code of the inventory of joint securities and the inventory number.
(3)In the cases set forth in the preceding paragraph, if there is an inventory of joint securities concerning the previous registration, a registrar shall record in said inventory of joint securities the fact that the right pertaining to said application becomes a subject of security and the date of acceptance of application and acceptance number in addition to the matters listed in the items of paragraph (1) of the preceding Article.
(4)In the cases set forth in paragraph (2), when there is no inventory of joint securities concerning the previous registration, a registrar shall newly prepare an inventory of joint securities and shall record in an accessory registration to be made for the registration of previous security interests the fact that security is added for said security interests, the code of inventory of joint securities and the inventory number and the date of registration.
(5)In cases where a registrar has made a registration based on the application set forth in paragraph (2), if there is a former registration concerning real property that is in the jurisdictional district of another registry office, he/she shall notify said other registry office without delay of the fact that a registration based on the application set forth in said paragraph has been made.
(6)A registrar of the registry office that receives the notification set forth in the preceding paragraph shall take the procedures specified in paragraphs (2) through (4) without delay.
(Registration of Division and Assignment of Revolving Mortgages, etc. for Joint Securities)
Article 169(1)The matters specified by an ordinance of the Ministry of Justice set forth in application information section (e) in paragraph (li) of the Appended Table of the Order and application information section (e) in paragraph (lx) of said table shall be the code of inventory of joint securities and inventory number.
(2)When a registrar makes a registration as set forth in Article 165 (2) with respect to the revolving pledge or revolving mortgage before the division with an inventory of joint securities, he/she shall prepare an inventory of joint securities recording the right concerning the same real property as said inventory of joint securities with respect to the revolving pledge or revolving mortgage after the division.
(3)In the cases set forth in the preceding paragraph, a registrar shall record at the end of registration of the revolving pledge or revolving mortgage after the division the code of said inventory of joint securities and inventory number.
(Partial Extinction, etc. of Joint Securities)
Article 170(1)In cases where the rights concerning two or more real properties are subject to security interests, when a registrar has cancelled a registration of security interests that are established for the right concerning one of said real properties, he/she shall record in the inventory of joint securities the date of acceptance of the application and the acceptance number, the fact that the registration of security interests with regard to said real property has been cancelled and the cancellation code of matters listed in Article 167 (1) (iii) pertaining to said cancelled registration.
(2)When a registrar has made a registration of change or registration of correction concerning the matters recorded in an inventory of security interests, he/she shall record in the inventory of joint securities the matters listed in Article 167 (1) (iii) after the change or after the correction, the date of acceptance of application for a registration of change or registration of correction and the acceptance number, the fact that the change or correction has been made and the cancellation code of matters to be registered listed in said item pertaining to the right before the change or before the correction.
(3)The provisions of Article 168 (5) shall be applied mutatis mutandis pursuant to the cases set forth in the preceding two paragraphs.
(4)A registrar of the registry office that receives the notification pursuant to the provisions of Article 168 (5) as applied mutatis mutandis pursuant to the preceding paragraph shall take the procedures specified in paragraph (1) or (2) without delay.
(5)The provisions of paragraphs (1), (3) and (4) shall apply mutatis mutandis to cases of recording pursuant to the provisions of Article 110 (2) (including the cases as applied mutatis mutandis pursuant to Article 144 (2)).
(Registration of the Issuance of Mortgage Securities)
Article 171With regard to a registration of the issuance of mortgage securities set forth in Article 94 (1) of the Act (excluding what is based on the commission pursuant to the provisions of paragraph (3) of said Article), the fact that the mortgage securities have been issued for the order of priority in this case of the mortgage, the date of issue of the mortgage securities, the numbers of the mortgage securities and the date of registration shall be recorded.
(Registration of Preparation and Issuance of Mortgage Securities)
Article 172(1)With regard to the registration of preparation of mortgage securities set forth in Article 94 (2) of the Act, the fact that mortgage securities have been prepared by the commission of a registry office in this case for the order of priority in this case of the mortgage, the date of preparation of the mortgage securities, the numbers of the mortgage securities and the date of registration shall be recorded.
(2)With regard to registration of the issuance of mortgage securities based on the commission pursuant to the provisions of Article 94 (3) of the Act, the fact that the mortgage securities have been issued for the order of priority in this case of the mortgage, the date of issue of mortgage securities, the fact that the mortgage securities have been issued at a registry office in this case, and the numbers of the mortgage securities shall be recorded.
(Cancellation of Registration of Issuance of Mortgage Securities)
Article 173In cases where a registrar cancels a registration of issuance of mortgage securities, if there is a registration of preparation of mortgage securities set forth in Article 94 (2) of the Act with regard to said mortgage securities, he/she shall cancel said registration of preparation of mortgage securities.
(Cancellation of Registration of Special Agreement on Redemption)
Article 174When a registrar has made a registration of acquisition of the right by reason of redemption, he/she shall cancel the registration of special agreement on redemption.
Subsection 5 Registration of Trust
(Registration of Trust)
Article 175(1)In cases where an application is filed for registration pursuant to the provisions of Article 98 (1) of the Act, when a registrar makes a registration of preservation, establishment, transfer or change of the right based on said application and a registration of trust, he/she shall record them using one order number of priority in the corresponding section of the rights section.
(2)In cases where an application is filed for registration pursuant to the provisions of Article 104 (1) of the Act, when a registrar makes a registration of transfer or registration of change of right based on said application or registration of cancellation of the right and registration of cancellation of trust, he/she shall record them using one order number of priority in the corresponding section of the rights section.
(3)Notwithstanding the provisions of the preceding two paragraphs, in cases where an application is filed for a registration pursuant to the provisions of Article 104-2 (1) of the Act, when a registrar makes a registration of change of right based on said application and registration of trust or registration of cancellation of trust, he/she shall record them using one order number of priority in the corresponding section of the rights section.
(Inventory of Trust)
Article 176(1)When a registrar makes a registration of trust, he/she shall prepare an inventory of trust recording the matters to be registered listed in the items of Article 97 (1) of the Act, provide an inventory number for said inventory and record the inventory number of the inventory of trust at the end of said registration of trust.
(2)The provisions of the second sentence of Article 102 (1) shall apply mutatis mutandis to an inventory of trust in cases of making a registration of parcel subdivision, registration of separation of building or a registration of division into units with respect to a real property with a registration of trust. In this case, a registrar shall change the inventory number of the inventory of trust after the parcel subdivision, after the separation or after the division into units.
(3)When a registrar makes a registration of change of trust, he/she shall change the record of the inventory of trust.
Article 177Deleted
Subsection 6 Provisional Registration
(Requirements for Provisional Registration Set Forth in Article 105 (i) of the Act)
Article 178The information specified by an ordinance of the Ministry of Justice as prescribed in Article 105 (i) of the Act shall be information for registration identification or information certifying the permission, consent or acceptance of a third party.
(Method of Provisional Registration and Definitive Registration)
Article 179(1)When a registrar makes a provisional registration in the corresponding section of the rights section, he/she shall make a space for a definitive registration based on the same order number of priority as said provisional registration.
(2)When a registrar makes a definitive registration based on the provisional registration, he/she shall make the registration using the same order number of priority as said provisional registration.
(3)The provisions of the preceding two paragraphs shall apply mutatis mutandis to provisional registrations for the purpose of preservation.
(Definitive Registration Based on the Provisional Registration of Ownership)
Article 180When a registrar cancels the registration of a third party's right as set forth in Article 109 (1) of the Act pursuant to the provisions of paragraph (2) of said Act, he/she shall record in the corresponding section of the rights section the fact that the third party's right is cancelled by definitive registration, the date of registration and the cancellation code of said registration of right.
Section 4 Auxiliary Provisions
Subsection 1 Notification
(Certificate of Completion of Registration)
Article 181(1)When a registrar has completed a registration based on the application for registration, he/she shall notify the applicant of the fact that the registration is complete by issuing a certificate of completion of registration.In this case, if there are two or more applicants, it shall be sufficient to notify one of the applicants (if the person entitled to register and person obliged to register are applicants, both the person entitled to register and the person obliged to register).
(2)The certificate of completion of registration set forth in the preceding paragraph shall be prepared in accordance with the Appended Form (vi) by recording matters related to the real property location, real property number, purpose of the registration, date of acceptance of the application and acceptance number.
(Method of Issuance of a Certificate of Completion of Registration)
Article 182(1)A certificate of completion of registration shall be issued in accordance with the categories of application listed in the following items by the method specified in those items:
(i)electronic application:by the method of transmitting a certification of completion of registration that is recorded in a file stored on the computer used by a registrar using an electronic data processing system and of recording the certificate in the file stored on a computer used by the applicant or his/her agent as provided for by the Minister of Justice; or
(ii)written application:by the method of issuing a certification of completion of registration in a document.
(2)Notwithstanding the provisions of item (i) of the preceding paragraph, in cases where a government agency or public office commissions a registration by an electronic application for a person entitled to register, a certificate of completion of registration may be issued by the method specified in item (ii) of said paragraph.
(Notification to a Person Other than the Applicant)
Article 183(1)In the cases listed in the following items, a registrar shall notify the person specified in those items (in the cases listed in item (i), limited to a person other than the applicant) of the fact that the registration is complete:
(i)in cases where a registration of description is complete: the heading-section owner (for a registration of correction of a heading-section owner or a registration of correction of shares of a co-owner who is a heading-section owner: the heading-section owner before correction) or registered holder of ownership; and
(ii)in cases of a registration based on the application to be filed on behalf of another person pursuant to the provisions of Article 423 of the Civil Code or other laws and regulations:said other person.
(2)With regard to the notification pursuant to the provisions of the preceding paragraph, if there are two or more persons who are to receive the notification pursuant to the provisions of said paragraph, it shall be sufficient to notify one of those persons.
(3)The provisions of paragraph (1) (i) shall not apply to registration pursuant to the provisions of Article 51 (6) of the Act (including cases where it is applied mutatis mutandis pursuant to Article 53 (2) of the Act).
(Notification of Registration of a Restriction on Disposition)
Article 184(1)When a registrar has made a registration of a restriction on the disposition of ownership by commission with regard to real property without a heading registration or real property without registration of ownership, he/she shall notify the owner of said real property of the fact that the registration is complete.
(2)The notification set forth in the preceding paragraph shall be made by indicating clearly the following matters:
(i)matters related to the real property location and real property number;
(ii)purpose of registration;
(iii)cause of registration and the date; and
(iv)the name and address of the registered right holder.
(Notification of Cancellation of Registration by the Registrar's Own Authority)
Article 185(1)The notification set forth in Article 71 (1) of the Act shall be made by clearly indicating the following matters:
(i)the following matters pertaining to the registration to be cancelled:
(a)matters related to the real property location and real property number;
(b)purpose of registration;
(c)the date of acceptance of the application and the acceptance number;
(d)the cause of registration and the date; and
(e)the name and address of the applicant.
(ii)reasons for cancellation.
(2)With regard to the notification set forth in the preceding paragraph, if the registration to be cancelled is based on an application that is filed on behalf of another person pursuant to the provisions of Article 423 of the Civil Code and other laws and regulations, it shall also be made to the subrogee.
(Notification of Reasonable Disposition to the Request for Review)
Article 186When a registrar has made a reasonable disposition pursuant to the provisions of Article 157 (1) of the Act, he/she shall notify the requester of the content of said disposition.
(Notification of the Court)
Article 187When a registrar has learned in the course of his/her duties that there is a person who is to be punished by a non-penal fine pursuant to the provisions of Article 70 (xviii) of the Secured Bond Trust Act (Act No. 52 of 1905), he/she shall notify the district court with jurisdiction over the case.
(Method of the Various Notifications)
Article 188The notification set forth in Article 67 (1), (3) and (4), Article 71 (1) and (3), and Article 157 (3) of the Act and Article 40 (2) and Article 183 through the preceding Article of this Ordinance shall be made by postal mail, correspondence delivery service or other appropriate method.
Subsection 2 Registration and License Tax
(Application Information, etc. in the Case of Paying Registration and License Tax)
Article 189(1)When filing an application for registration, the amount of the registration and license tax shall be included in the content of the application information.In this case, with regard to the registration listed in item (i) 1. through 3., 5. through 7., 10., 11. and 12 (a) through (e) of the Appended Table I of the Registration and License Tax Act (Act No.35 of 1967), the amount of the tax base shall also be included in the content of the application information.
(2)In cases of exemption of the registration and license tax pursuant to the provisions of the Registration and License Tax Act or Act on Special Measures Concerning Taxation (Act No. 26 of 1957) or other laws and regulations, in lieu of the matters to be the content of the application information pursuant to the provisions of the preceding paragraph (hereinafter referred to as "registration and license tax amount, etc."), the specific provisions of the laws and regulations which will be the grounds for exemption shall be included in the content of the application information.
(3)In cases of reduction of the registration and license tax pursuant to the provisions of the Registration and License Tax Act or Act on Special Measures Concerning Taxation or other laws and regulations, the specific provisions of the laws and regulations which will be the grounds for reduction in addition to the registration and license tax amount, etc. shall be included in the content of the application information.
(4)In cases where an application is filed for a registration that is deemed to be a registration of establishment of a mortgage, etc. pursuant to the provisions of Article 13 (1) of the Registration and License Tax Act (meaning the registration of establishment of mortgage, etc. prescribed in said paragraph) by two or more sets of application information, the registration and license tax amount, etc. shall be sufficient to be included in the content of one of these sets of application information; provided, however, that in cases where the lowest tax rate shall be applied as the tax rate of registration and license tax for said registration of establishment pursuant to the provisions of the second sentence of Article 13 (1) of said Act, the registration and license tax amount, etc. shall be included in the content of the application information for the registration pertaining to the right concerning the real property, etc. for which the lowest tax rate of the registration and license tax amount, etc. shall be applied (meaning the right concerning the real property, etc. as prescribed in Article 11 of said Act).
(5)In the cases set forth in the preceding paragraph, if the application is an electronic application, the fact that the registration and license tax amount, etc. has been included in the content of the application information of one application shall be included in the content of the other application information and if the application is a written application, a receipt of registration and license tax or stamps equivalent to the registration and license tax amount shall be affixed to the application form stating the registration and license tax amount, etc. (in cases of a magnetic disk on which all of the application information is recorded, a document specified by the registry office) and a statement to that effect shall be recorded in the other applications.
(6)In cases where the amount of the tax base certified by a registrar exceeds the tax amount based on the tax base amount which is included in the content of the application information, when the applicant pays the difference, the fact of payment as a difference shall also be added to the content of the application information.
(7)In cases where an application is filed for a registration by paying the registration and license tax based on the tax base amount that has become final and binding by the determination of the request for review pursuant to the provisions of Article 75 (1) of the Act on General Rules for National Taxes (Act No. 66 of 1962), the applicant shall include in the content of the application information the fact that said tax base amount has become final and binding and shall provide information certifying that said amount has become final and binding along with said application information.
(Certification of the Tax Base)
Article 190(1)When a registrar finds that the tax base amount that has been included in the content of the application information is not reasonable, he/she shall notify the applicant of the tax base amount certified by the registrar by the appropriate method.
(2)In the cases set forth in the preceding paragraph, if the application is a written application, a registrar shall state the tax base amount certified by the registrar in the application form (in cases of a magnetic disk on which all of the application information is recorded, the appropriate sheet).
Subsection 3 Miscellaneous Provisions
(Registration by Order of the Director of the Relevant Legal Affairs Bureau or District Legal Affairs Bureau that Accepts the Request for Review)
Article 191When a registrar makes a registration based on an order pursuant to the provisions of Article 157 (3) or (4) of the Act, he/she shall record the title of the person who gave said order, the date of the order, the fact that the registration is made by said order and the date of registration.
(Commission of Registration)
Article 192The provisions of the Act concerning the application for registration as prescribed in this Ordinance shall include the cases where said provisions are applied mutatis mutandis pursuant to Article 16 (2) of the Act and the terms "application," "applicant" and "application information" as used in this Ordinance shall respectively include the commission, the person who commissions and the commission information.
Chapter IV Certification, etc. of Matters to Be Registered
(Request Information, etc. for Issuance of a Certificate of Matters to Be Registered)
Article 193(1)When requesting the issuance of a certificate of matters to be registered, a written outline of the matters to be registered, a copy of all or part of the map, etc. (when the map, etc. is recorded in an electromagnetic record, a document certifying the content of said recorded information; the same shall apply hereinafter in this Article) or copy of all or part of the land location picture, etc. (when the land location picture, etc. is recorded in an electromagnetic record, a document certifying the content of said recorded information; the same shall apply hereinafter in this Article), the information, including the following matters for the content (hereinafter referred to as "request information" in this Chapter) shall be provided. The same shall apply when requesting an inspection of a map, etc. or annexed documents of registry:
(i)the name of the requester;
(ii)matters related to the real property location or real property number;
(iii)in cases of requesting an issuance, the number of copies of documents pertaining to the request;
(iv)in cases of requesting the issuance of a certificate of matters to be registered, categories of the certificate of matters to be registered listed in the items of Article 196 (1) (including cases where it is applied mutatis mutandis pursuant to paragraph (2) of said Article);
(v)in cases of requesting the issuance of a certificate of matters to be registered, when requesting a certification with respect to matters recorded in an inventory of joint securities or inventory of trust, a statement to that effect;
(vi)when requesting the issuance of a copy of part of map, etc. or land location picture, etc., the requesting part; and
(vii)when requesting the issuance of a certificate of matters to be registered, a copy of all or part of a map, etc. or a copy of all or part of a land location picture, etc. by sending, a statement to that effect and the sending address.
(2)When requesting an inspection of annexed documents of registry other than a land location picture, etc. pursuant to the provisions of Article 121 (2) of the Act, the following matters shall be included in the content of the request information in addition to the matters listed in items (i) and (ii) of the preceding paragraph:
(i)the address of the requester;
(ii)if the requester is a juridical person, the name of the representative person;
(iii)if it is requested by an agent, the name and address of said agent and, if the agent is a juridical person, the name of the representative person; and
(iv)the reason for having the interests set forth in the proviso to Article 121 (2) of the Act and the part for inspection.
(3)When requesting the inspection set forth in the preceding paragraph, a document certifying the reasons for having the interests set forth in the proviso to item (iv) of said paragraph shall be presented.
(4)When requesting the inspection set forth in paragraph (2) by an agent, a document certifying the authority of said agent shall be presented.
(5)In cases of requesting the inspection set forth in paragraph (2), when the requester is a juridical person, a document certifying the qualifications of the representative person of said juridical person shall be presented; provided, however, that this shall not apply to the following cases:
(i)in cases where the registry office that accepts the request is the same registry as the one that accepted the registration of said juridical person and other than the registry office designated by the Minister of Justice; and
(ii)in cases where the registry office that accepts the request is a registry office designated by the Minister of Justice as equivalent to the same registry office as one that accepted the registration of said juridical person.
(6)The designation set forth in the preceding paragraph shall be made by public notice.
(Method, etc. of Requesting the Issuance of a Certificate, etc. of Matters to Be Registered)
Article 194(1)The request for issuance set forth in paragraph (1) of the preceding Article or the request for inspection set forth in said paragraph or paragraph (2) of said Article shall be made by submitting a document stating the request information (the document shall be referred to as the "request form" in Article 203 and Article 204 (1) and (2)) to a registry office.
(2)The request for issuance of a certificate of matters to be registered (excluding an issuance by sending) may be made by inputting the request information in the input-output device managed by a registrar as provided for by the Minister of Justice, in addition to the method set forth in the preceding paragraph.
(3)The request for issuance of a certificate of matters to be registered may be made by providing the request information to a registry office using an electronic data processing system as provided for by the Minister of Justice in addition to the methods set forth in the preceding two paragraphs.In this case, when a requester intends to receive the certificate of matters to be registered at the registry office, a statement to that effect shall be included in the content of request information.
Article 195Deleted
(Type, etc. of Certificate of Matters to Be Registered)
Article 196(1)Matters to be stated in the certificate of matters to be registered shall be the matters listed in the following items in accordance with the categories of the type in those items:
(i)certificate of all matters:all of the matters recorded in the registration record (excluding closed registration records; the same shall apply hereinafter in this paragraph);
(ii)certificate of current matters:matters that are currently effective among those that are recorded in the registration record and;
(iii)certificate of section and number:the parts pertaining to the request among matters that are recorded in the corresponding section of the rights section;
(iv)certificate of ownership:the name and address of the registered holder of current ownership that is recorded in the registration record;
(v)certificate of all matters of a condominium:all of the matters recorded in the registration record of the building, which includes all of the condominium units that belong to a condominium; and
(vi)certificate of current matters of a condominium:matters that are currently effective among those that are recorded in the registration record of a building that includes all of the condominium units that belong to a condominium.
(2)The provisions of items (i), (iii) and (v) of the preceding paragraph shall apply mutatis mutandis to matters to be stated in the certificate of matters to be registered pertaining to a closed registration record.
(Preparation and Issuance of a Certificate of Matters to Be Registered)
Article 197(1)When a registrar prepares a certificate of matters to be registered, he/she shall state in a certification statement to the effect that it is all or part of the matters recorded in the registration record pertaining to the request and then shall state the date of preparation and his/her title and name and affix his/her official seal.In this case, if there is no statement in section A or section B of said registration record, a statement to that effect shall be attached to the certification statement.
(2)A certificate of matters to be registered that is prepared pursuant to the provisions of the preceding paragraph shall be prepared in accordance with the categories in the following items by using the form specified in those items; provided, however, that a certificate of matters to be registered pertaining to the part of the matters recorded in the registration record shall be prepared by using the appropriate form:
(i)a registration record of land:Appended Form (vii);
(ii)a registration record of a building (excluding the building set forth in the following item):Appended Form (viii);
(iii)a registration record of a building that is a condominium unit:Appended Form (ix);
(iv)an inventory of joint securities:Appended Form (x); and
(v)an inventory of trust:Appended Form (v).
(3)In cases where a certificate of matters to be registered is prepared, when the matters listed in Article 193 (1) (v) are not included in the content of the request information, the statement of matters recorded in an inventory of joint securities or inventory of trust shall be omitted.
(4)When the matters recorded in the registration record are stated in the certificate of matters to be registered, they shall be stated in accordance with the order of the order number of priority.
(5)In cases where the cancellation code of matters recorded in the registration record has been recorded, when the cancellation code is described in a certificate of matters to be registered, it shall be stated by underlining the matters pertaining to cancellation.
(6)A certificate of matters to be registered may be issued by sending based on notification of the requester.
(Method of Receiving a Certificate of Matters to Be Registered)
Article 197-2When the person who requested the issuance of a certificate of matters to be registered pursuant to the provisions of the first sentence of Article 194 (3) receives said certificate of matters to be registered at a registry office, he/she shall provide the information specified by the Minister of Justice to said registry office.
(Preparation of a Written Outline of Matters to Be Registered)
Article 198(1)A written outline of matters to be registered shall be prepared in accordance with Appended Form (xi) by stating, in addition to the matters concerning the description of real property, with regard to the registration of ownership, the date of acceptance of the application, the acceptance number, the name and address of registered holder of the ownership and if there are two or more registered right holders, the share of each of said registered holder of ownership; and with regard to a registration other than the registration of ownership, major matters among those that are currently effective.
(2)Notwithstanding the provisions of the preceding paragraph, based on the notification of the requester, a registrar may prepare a written outline of matters to be registered omitting matters for the description of real property that currently are not effective and stating only the number of registrations other than registration of ownership that currently are in effect. In this case, the written outline of matters to be registered set forth in the preceding paragraph shall be prepared in accordance with Appended Form (xii).
(3)Unless there is special notification by a requester, a registrar may prepare a written outline of matters to be registered stating the matters concerning two or more real properties in one sheet.
Article 199Deleted
(Preparation and Issuance of a Copy, etc. of a Map, etc.)
Article 200(1)When a registrar prepares a copy of all or part of a map, etc., he/she shall attach a certification statement of the fact that it is a copy of all or part of a map, etc., state the date of preparation and his/her title and name and affix his/her official seal.
(2)In cases where a map, etc. is recorded in an electromagnetic record, when a registrar prepares a document certifying the content of said recorded map, etc., he/she shall output the map, etc. recorded in the electromagnetic record as a document, attach a certification statement of the fact that it is a document certifying the content recorded in the map, etc. thereon, state the date of preparation and his/her title and name and affix his/her official seal.
(3)The provisions of Article 197 (6) shall apply mutatis mutandis to a copy of all or part of a map, etc. and issuance of the document set forth in the preceding paragraph.
(4)The provisions of Article 194 (2) and (3) and Article 197-2 shall apply mutatis mutandis to requests for the issuance of the document set forth in paragraph (2).
(Preparation and Issuance of a Copy, etc. of a Land Location Picture, etc.)
Article 201(1)When a registrar prepares a copy of a land location picture, etc., he/she shall attach a certification statement of the fact that it is a copy of all or part of the land location picture, etc., state the date of preparation and his/her title and name and affix his/her official seal.
(2)In cases where a land location picture, etc. is recorded in an electromagnetic record, when a registrar prepares a document certifying the content of said recorded land location picture, etc., he/she shall output the land location picture, etc. recorded in the electromagnetic record as a document, attach a certification statement of the fact that it is a document certifying the content recorded in the land location picture, etc. thereon, state the date of preparation and his/her title and name and affix his/her official seal.
(3)The provisions of Article 197 (6) shall apply mutatis mutandis to the copy of a land location picture, etc. and the issuance of the document set forth in the preceding paragraph.
(4)The provisions of Article 194 (2) and (3) and Article 197-2 shall apply mutatis mutandis to a request for issuance of the document set forth in paragraph (2).
(Method of Inspection)
Article 202(1)Maps, etc. or annexed documents of registry shall be inspected in front of a registrar or an officer designated by the registrar.
(2)The method specified by an ordinance of the Ministry of Justice set forth in Article 120 (2) and Article 121 (2) of the Act shall be by outputting the content of the information recorded in an electromagnetic record as a document and displaying it.
(Payment Method of Fees)
Article 203(1)When the fee set forth in Article 119 (1) and (2), Article 120 (1) and (2) and Article 121 (1) and (2) of the Act is paid with fiscal stamps, the fiscal stamps shall be affixed to the request form.
(2)The provisions of the preceding paragraph shall apply mutatis mutandis to the payment of fees in cases where the request for certification as prescribed in Article 22 (1) of the Order is made by the method listed in Article 68 (3) (ii).
(Payment Method of the Cost Required for Sending)
Article 204(1)In cases of requesting an issuance set forth in Article 193 (1) by submitting a request form to a registry office, when a notification is made pursuant to the provisions of Article 197 (6) (including cases as applied mutatis mutandis pursuant to Article 200 (3) and Article 201 (3)), the cost required for sending shall be paid in addition to the fee.
(2)The cost required for sending set forth in the preceding paragraph shall be paid by postage stamps or an identification card which can be used for payment of the fee of a service of correspondence delivery as designated by the Minister of Justice, by submitting it with the request form.
(3)The designation set forth in the preceding paragraph shall be made by public notice.
(Payment Method of the Fees for Request, etc. of Issuance of a Certificate of Matters to Be Registered by an Electronic Data Processing System)
Article 205(1)The method specified by an ordinance of the Ministry of Justice set forth in the proviso to Article 119 (4) of the Act (including cases where it is applied mutatis mutandis pursuant to Article 120 (3) and Article 121 (3) of the Act and other laws and regulations) shall be the method prescribed in Article 194 (2) and (3).
(2)In cases where the issuance of a certificate of matters to be registered is requested by the method prescribed in Article 194 (2) or (3) (including cases where these provisions are applied mutatis mutandis pursuant to Article 200 (4) and Article 201 (4)), when the fee is paid, it shall be paid in accordance with the payment information obtained from a registrar.
(3)The provisions set forth in the preceding paragraph shall apply mutatis mutandis to payment of the fee in cases where a request for certification as prescribed in Article 22 (1) of the Order is made by the method listed in Article 68 (3) (i).
Chapter V Parcel Boundary Demarcation
Section 1 General Provisions
(Definitions)
Article 206In this Chapter, the meanings of the terms listed in the following items shall be as prescribed respectively in those items:
(i)electronic application for parcel boundary demarcation:an application for parcel boundary demarcation by the method of using an electronic data processing system pursuant to the provisions of Article 18 (i) of the Act as applied mutatis mutandis pursuant to Article 131 (4) of the Act;
(ii)written application for parcel boundary demarcation:an application for parcel boundary demarcation by submitting an application form for parcel boundary demarcation set forth in the following item to the relevant Legal Affairs Bureau or District Legal Affairs Bureau pursuant to the provisions of Article 18 (ii) of the Act as applied mutatis mutandis pursuant to Article 131 (4) of the Act;
(iii)application form for a parcel boundary demarcation:a document stating application information for a parcel boundary demarcation, including a magnetic disk set forth in Article 18 (ii) of the Act as applied mutatis mutandis pursuant to Article 131 (4) of the Act;
(iv)attachment information for a parcel boundary demarcation:the information listed in the items of Article 209 (1); and
(v)attachment for a parcel boundary demarcation:a document stating application information for a parcel boundary demarcation, including a magnetic disk in which attachment information for a parcel boundary demarcation is recorded.
Section 2 Procedure of Parcel Boundary Demarcation
Subsection 1 Application for a Parcel Boundary Demarcation
(Application Information for Parcel Boundary Demarcation)
Article 207(1)What is to be clarified as the matters listed in Article 131 (2) (iv) of the Act shall be the particulars for filing an application for a parcel boundary demarcation and other specific circumstances.
(2)The matters specified by an ordinance of the Ministry of Justice as set forth in Article 131 (2) (v) of the Act shall be the following matters:
(i)if the applicant for a parcel boundary demarcation (hereinafter simply referred to as "applicant" in this Chapter) is a juridical person, the name of the representative person;
(ii)if the application for a parcel boundary demarcation is filed by an agent, the name and address of said agent and if the agent is a juridical person, the name of the representative person;
(iii)if the applicant is an heir (s) or other general successor (s) of a registered of ownership or a heading-section owner, a statement to that effect and the name and address of the registered holder of ownership or heading-section owner;
(iv)if the applicant is a person who acquired part of ownership of a parcel of land, a statement to that effect;
(v)if the subject land is land without a heading registration, matters that are sufficient to specify said land; and
(vi)the existence of structures, fences or boundary markers and other conditions on the subject land.
(3)When an application for a parcel boundary demarcation is filed, in addition to the matters listed in Article 131 (2) (i) through (iv) of the Act and the items of the preceding paragraph, the following matters shall be the content of the application information for a parcel boundary demarcation:
(i)the telephone number or other point of contact for the applicant or agent;
(ii)matters related to the real property location pertaining to the relevant land or real property number (in cases of land without a heading registration, matters listed in Article 34 (1) (i) of the Act and matters that are sufficient to specify said land);
(iii)the name and address or other point of contact of related persons;
(iv)the existence of structures, fences or boundary markers and other conditions on the subject land;
(v)if an applicant claims a specific line as a parcel boundary of the subject land, the line and the reasons;
(vi)if a registered holder of ownership of the subject land who is other than an applicant claims a specific line as a parcel boundary of the subject land, the line;
(vii)if a lawsuit seeking to determine a parcel boundary through civil proceedings with regard to a parcel boundary pertaining to an application (hereinafter the suit shall be referred to as "lawsuit to determine a parcel boundary") is pending, a statement to that effect, description of the case and other matters that are sufficient to specify the case;
(viii)a description of attachment information for a parcel boundary demarcation;
(ix)if there are opinions or materials to be submitted pursuant to the provisions of Article 139 (1) of the Act, the description;
(x)the date of application for a parcel boundary demarcation; and
(xi)a description of the relevant Legal Affairs Bureau or District Legal Affairs Bureau.
(4)When including the matters listed in paragraph (2) (v) and (vi) and item (ii) of the preceding paragraph (limited to the part pertaining to matters that are sufficient to specify the land without a heading registration) and items (iv) through (vi) in the content of the application information for a parcel boundary demarcation, pursuant to the method of using drawings, etc., the conditions of the site and the location of the line that is claimed as a parcel boundary shall be clarified specifically.
(Multiple Applications Based on One Set of Application Information)
Article 208Multiple applications for a parcel boundary demarcation that share one of the subject lands may be filed based on one set of application information for a parcel boundary demarcation.
(Attachment Information for a Parcel Boundary Demarcation)
Article 209(1)In cases where an application for a parcel boundary demarcation is filed, the following information shall be submitted to the relevant Legal Affairs Bureau or District Legal Affairs Bureau:
(i)if the applicant is a juridical person (excluding cases where the relevant Legal Affairs Bureau or District Legal Affairs Bureau that accepts the application for a parcel boundary demarcation is the registry office that accepted the registration of said juridical person and does not fall under the specified registry office (meaning the registry office designated by the Minister of Justice pursuant to the provisions of Article 36 (1) (i) and (2) (i); the same shall apply hereinafter) and cases where a manager or other agent of a juridical person who may file an application for a parcel boundary demarcation pursuant to the provisions of laws and regulations files an application for a parcel boundary demarcation on behalf of said juridical person), information certifying the authority of representative person of said juridical person;
(ii)when an application for a parcel boundary demarcation is filed by an agent (excluding cases where said agent is a manager or other agent of a juridical person who may file an application for a parcel boundary demarcation pursuant to the provisions of the laws and regulations, when the relevant Legal Affairs Bureau or District Legal Affairs Bureau is the registry office that accepted the registration of said agent with regard to said juridical person and does not fall under the specified registry office), information certifying the authority of said agent;
(iii)if the applicant is an heir (s) or other general successor (s) of a registered holder of ownership or a heading-section owner, the information prepared by the mayor of municipality, a registrar or other public officer in the course of his/her duties certifying that there was an inheritance or other general succession (in cases where there is no information prepared by a public officer in the course of his/her duties, information in lieu thereof);
(iv)if the applicant is an owner of land without a heading registration, the information certifying that said applicant has ownership of said land;
(v)when the applicant is a person who acquired part of a parcel of land, information certifying that said applicant has acquired ownership with respect to the part of said parcel of land; and
(vi)in cases where the applicant is a registered holder of ownership or a heading-section owner, or an heir (s) or other general successor (s) thereof, when the name or address of the registered right holder of ownership or heading-section owner that are the content of application information for a parcel boundary demarcation is not consistent with the registration record, the information prepared by the mayor of municipality, a registrar or other public officer in the course of his/her duties certifying that there are changes, errors or omissions with respect to the name or address of said registered holder of ownership or heading-section owner (in cases where there is no information prepared by a public officer in the course of his/her duties, information in lieu thereof).
(2)The provisions of items (i) and (ii) of the preceding paragraph shall not apply to cases where an officer of a government agency or public office designated by an order or regulations with respect to the land that belongs to the jurisdiction of a national agency files an application for a parcel boundary demarcation.
(Method of Electronic Application for Parcel Boundary Demarcation)
Article 210(1)The application information for a parcel boundary demarcation or attachment information for a parcel boundary demarcation in the form of an electronic application for parcel boundary demarcation shall be transmitted as prescribed by the Minister of Justice; provided, however, that it shall not preclude the submission of an attachment for a parcel boundary demarcation to the relevant Legal Affairs Bureau or District Legal Affairs Bureau instead of the transmission of attachment information for a parcel boundary demarcation.
(2)In the cases set forth in the proviso to the preceding paragraph, the fact that an attachment for a parcel boundary demarcation is submitted to the relevant Legal Affairs Bureau or District Legal Affairs Bureau shall be included in the content of the application information for a parcel boundary demarcation.
(3)The provisions of Article 12 (1) of the Order shall apply mutatis mutandis to cases where application information for a parcel boundary demarcation is transmitted in the form of an electronic application for a parcel boundary demarcation; the provisions of paragraph (2) of said Article shall apply mutatis mutandis to attachment information for a parcel boundary demarcation in cases of transmitting in the form of an electronic application for a parcel boundary demarcation; and the provisions of Article 14 of the Order shall apply to cases where the information to which an electronic signature is affixed is transmitted in the form of an electronic application for a parcel boundary demarcation, respectively.
(4)The provisions of Article 42 shall apply mutatis mutandis to the electronic signature set forth in Article 12 (1) and (2) of the Order as applied mutatis mutandis pursuant to the preceding paragraph; the provisions of article 43 (2) shall apply mutatis mutandis to an electronic certificate as specified by an ordinance of the Ministry of Justice set forth in Article 14 of the Order as applied mutatis mutandis pursuant to the preceding paragraph; and the provisions of article 44 (2) and (3) shall apply mutatis mutandis to cases where an electronic application for a parcel boundary demarcation is filed, respectively.
(Method, etc. of Written Application for a Parcel Boundary Demarcation)
Article 211(1)When a written application for a parcel boundary demarcation is filed, attachments for a parcel boundary demarcation shall be submitted by attaching them to the application form for a parcel boundary demarcation.
(2)An applicant or his/her representative person or agent shall sign or name and seal the application form for a parcel boundary demarcation (excluding a magnetic disk on which all of the application information for a parcel boundary demarcation is recorded).
(3)The document stating the information listed in Article 209 (1) (i) and (ii) that is prepared by the mayor of municipality, a registrar or other public officer in the course of his/her duties shall be submitted within three months after its preparation; provided, however, that this shall not apply to cases where a government agent or a public office files an application for a parcel boundary demarcation.
(4)In cases where an application for a parcel boundary demarcation is filed by a privately appointed agent, the applicant or his/her representative person shall sign or name and seal the letter of attorney. The same shall apply to an agent in cases where the application is filed by a subagent.
(5)The provisions of Article 12 (1) of the Order shall apply mutatis mutandis to cases where an application is filed for a parcel boundary demarcation by submitting a magnetic disk on which all of the application information for a parcel boundary demarcation is recorded; the provisions of paragraph (2) of said Article shall apply mutatis mutandis to the attachment information for a parcel boundary demarcation that is recorded on a magnetic disk; and the provisions of Article 14 of the Order shall apply mutatis mutandis to cases of submitting a magnetic disk on which all of the application information for a parcel boundary demarcation or the attachment information for a parcel boundary demarcation is recorded, respectively.
(6)The provisions of Article 45 and Article 46 (1) and (2) shall apply mutatis mutandis to the application form for a parcel boundary demarcation (excluding a magnetic disk on which all of the application information for a parcel boundary demarcation is recorded); the provisions of Article 51 shall apply mutatis mutandis to the application for a parcel boundary demarcation by submitting a magnetic disk on which application information for a parcel boundary demarcation is recorded; and the provisions of Article 52 shall apply mutatis mutandis to a magnetic disk on which attachment information for a parcel boundary demarcation is recorded, respectively.In this case, the term "Article 16 (5) of the Order" as used in Article 51 (7) and (8) shall be deemed to be replaced with "Article 211 (5)," the phrase "a magnetic disk on which the attachment information set forth in Article 15 of the Order is recorded" as used in Article 52 (1) shall be deemed to be replaced with "a magnetic disk on which attachment information for a parcel boundary demarcation is recorded," the phrase "an electronic certificate set forth in Article 14 of the Order as applied mutatis mutandis pursuant to the second sentence of Article 15 of the Order," as used in paragraph (2) of said Article shall be deemed to be replaced with "an electronic certificate to be recorded on a magnetic disk on which attachment information for a parcel boundary demarcation is recorded," respectively.
(7)The written application for a parcel boundary demarcation shall be filed via the registry office that has jurisdiction over the location of the subject land.
(Sending Method of the Application Form, etc. for a Parcel Boundary Demarcation)
Article 212(1)When a person who intends to file an application for a parcel boundary demarcation sends an application form for a parcel boundary demarcation or attachment for a parcel boundary demarcation, it shall be sent by registered mail or by a service of correspondence delivery by a correspondence delivery service operator who records the acceptance and delivery.
(2)In cases set forth in the preceding paragraph, the fact that an application form for a parcel boundary demarcation or attachment for a parcel boundary demarcation is enclosed shall be clearly indicated on the front side of the envelope in which the application form for a parcel boundary demarcation or attachment for a parcel boundary demarcation is placed.
(Request for Return of an Original Copy of an Attachment for a Parcel Boundary Demarcation)
Article 213(1)An applicant may request the return of the original copy of an attachment for a parcel boundary demarcation (excluding a magnetic disk); provided, however, that this shall not apply to letters of attorney or other documents that are prepared only for said application for a parcel boundary demarcation.
(2)An applicant who requests the return of the original copy pursuant to the provisions of the main clause of the preceding paragraph shall submit a transcript stating the fact that the transcript is consistent with the original copy.
(3)In cases where there is a request pursuant to the provisions of the main clause of paragraph (1), the registrar of a parcel boundary demarcation shall return the original copy of the document pertaining to said request after the investigation into the existence of reasons for dismissal is complete. In this case, he/she shall verify the transcript set forth in the preceding paragraph against the original copy of the document pertaining to said request, confirm that the content of these documents is consistent, and then state the fact that the original copy has been returned on the transcript set forth in said paragraph and affix the registrar's seal on the transcript.
(4)Notwithstanding the provisions of the first sentence of the preceding paragraph, the registrar of a parcel boundary demarcation may not return the fraudulent documents or other documents that are suspected to be used for an application for a wrongful parcel boundary demarcation.
Subsection 2 Acceptance, etc. of an Application for Parcel Boundary Demarcation
(Acceptance of an Application for a Parcel Boundary Demarcation)
Article 214(1)When the application information for a parcel boundary demarcation is provided pursuant to the provisions of Article 18 of the Act as applied mutatis mutandis by replacing the terms and phrases pursuant to Article 131 (4) of the Act, the registrar of a parcel boundary demarcation shall accept the application for a parcel boundary demarcation pertaining to said application information for a parcel boundary demarcation.
(2)When a registrar of a parcel boundary demarcation accepts an application for a parcel boundary demarcation, he/she shall provide a procedure number for said application for a parcel boundary demarcation.
(Transfer, etc. Between Multiple Jurisdiction Districts)
Article 215The provisions of Article 40 (1) and (2) shall apply mutatis mutandis to cases where an application for a parcel boundary demarcation is filed in accordance with the provisions of Article 6 (3) of the Act as applied mutatis mutandis by replacing the terms and phrases pursuant to Article 124 (2) of the Act.
(Correction)
Article 216When a registrar for a parcel boundary demarcation specifies a period where an application for a parcel boundary demarcation may be corrected, said application may not be dismissed on the grounds of defects pertaining to said matters to be corrected within said period.
(Method of Public Notice and Notification)
Article 217(1)The public notice set forth in Article 133 (1) of the Act shall be given for two weeks by the method of posting it in the posting area of the relevant Legal Affairs Bureau or District Legal Affairs Bureau and in another place within the relevant Legal Affairs Bureau or District Legal Affairs Bureau that is easily visible to the public or by the method of providing the content of the information recorded in the file stored on a computer used by the relevant Legal Affairs Bureau or District Legal Affairs Bureau for the inspection of persons who receive the provision of information through the telecommunications line and of recording said information in a file stored on a computer used by said persons who receive the information, which uses the automatic public transmission server connected to the Internet.
(2)The notification pursuant to the provisions of Article 133 (1) of the Act shall be made by postal mail, correspondence delivery service or other appropriate methods.
(3)The notification set forth in the preceding paragraph shall be made by clarifying the fact that related persons may submit opinions, drawings or other materials pertaining to the parcel boundary demarcation as provided for in Article 139 of the Act.
Subsection 3 Submission of Opinions or Materials
(Submission of Opinions or Materials)
Article 218(1)The submission of opinions or materials pursuant to the provisions of Article 139 (1) of the Act shall be made by clarifying the following matters:
(i)procedure number;
(ii)the name of the person who submits the opinions or materials;
(iii)if the person who submits the opinions or materials is a juridical person, the name of the representative person;
(iv)if the opinions or materials are submitted by an agent, the name of said agent and if the agent is a juridical person, the name of the representative person;
(v)the date of submission; and
(vi)a description of the relevant Legal Affairs Bureau or District Legal Affairs Bureau.
(2)The submission of materials pursuant to the provisions of Article 139 (1) of the Act shall be made by clarifying the following matters in addition to the matters listed in the items of the preceding paragraph:
(i)a description of the materials;
(ii)the preparer and the date of preparation;
(iii)if the materials are photographs or videotapes (including objects on which specified matters may be recorded by a method equivalent thereto), the object, date and time and location of photographing, visual recording, etc.; and
(iv)the purpose of said submission of materials.
(Method of Use of Information and Communications Technology)
Article 219The methods specified by an ordinance of the Ministry of Justice as set forth in Article 139 (2) of the Act shall be the following methods:
(i)the method of transmitting information using an electronic data processing system as specified by the Minister of Justice;
(ii)the method of submitting a magnetic disk in which the information is recorded or another electromagnetic record as specified by the Minister of Justice; and
(iii)in addition to what is listed in the preceding two items, a method that a registrar of a parcel boundary demarcation finds to be reasonable.
(Submission Method of Documents)
Article 220(1)When an applicant or related person submits his/her opinions or materials pursuant to the provisions of Article 139 (1) of the Act in writing, he/she shall submit three copies of said documents.
(2)When the registrar of a parcel boundary demarcation finds it necessary, he/she shall request that the applicant or related person who submitted the copies of documents pursuant to the preceding paragraph present the original version of said documents.
(Request for the Return of Materials)
Article 221(1)The applicant or related person who submits materials pursuant to the provisions of Article 139 (1) of the Act (excluding what is submitted by the method listed in the items of Article 219; the same shall apply hereinafter in this Article) may request the return of said materials.
(2)In cases where there is a request pursuant to the provisions of the preceding paragraph, when the registrar of a parcel boundary demarcation finds that it is not necessary to retain materials pertaining to said request for a parcel boundary demarcation, he/she shall promptly return the materials.
Subsection 4 Date of Hearing of Opinions, etc.
(Place on the Date of Hearing of Opinions, etc.)
Article 222The date set forth in Article 140 (1) of the Act (hereinafter referred to as "date of hearing of opinions, etc.") shall be held at the relevant Legal Affairs Bureau or District Legal Affairs Bureau, the registry office that has jurisdiction over the location of the subject land or other places that the registrar of a parcel boundary demarcation finds appropriate.
(Notification of Date of Hearing of Opinions, etc.)
Article 223(1)The notification pursuant to the provisions of article 140 (1) of the Act shall be made by clarifying the fact that an applicant and related person may state his/her opinion or submit materials with regard to the parcel boundary of the subject land pursuant to the provisions of said paragraph.
(2)The provisions of Article 217 (2) shall apply mutatis mutandis to the notification set forth in the preceding paragraph.
(Authority of a Registrar of a Parcel Boundary Demarcation on the Date of Hearing of Opinions, etc.)
Article 224(1)A registrar of a parcel boundary demarcation may allow the statement of opinions or prohibit the statement of opinions of a person who does not follow his/her instructions on the date of hearing of opinions, etc.
(2)When it is necessary to maintain order on the date of hearing of opinions, etc., a registrar of a parcel boundary demarcation may have a person who ignores the order or commits a disturbing act removed.
(3)The registrar of a parcel boundary demarcation may allow a person who is found to be appropriate to attend the hearing on the date of hearing of opinions, etc.
(Submission of Materials on the Date of Hearing of Opinions, etc.)
Article 225The provisions of Articles 218, 220 and 221 shall apply mutatis mutandis to cases where an applicant or related person submits materials on the date of hearing of opinions, etc.
(Record of the Date of Hearing of Opinions, etc.)
Article 226(1)The following matters shall be recorded in the record set forth in Article 140 (4) of the Act:
(i)procedure number;
(ii)the name of the registrar of the parcel boundary demarcation and the parcel boundary examiner;
(iii)the names of appearing applicants, related persons, witnesses and agents;
(iv)the date and time and place of the hearing of opinions, etc.;
(v)a summary of the procedures taken on the date of hearing of opinions, etc. (including a resume of the statements); and
(vi)other matters that are found to be necessary by the registrar of the parcel boundary demarcation.
(2)Notwithstanding the provisions of the preceding paragraph, the registrar of the parcel boundary demarcation may record the statements of opinions of the applicants, related persons or witnesses on a videotape or other recording medium that is found to be appropriate and may substitute it for the taking of the record.
(3)In the record on the date of hearing of opinions, etc., documents, photographs, videotapes or what is found to be appropriate by the registrar of the parcel boundary demarcation may be quoted and attached to the parcel boundary demarcation procedure record as part of the record.
Subsection 5 Inspection of Records, etc.
(Inspection of Records, etc.)
Article 227(1)When an applicant or a related person requests the inspection of records or materials pursuant to the provisions of Article 141 (1) of the Act, information related to the following matters shall be provided:
(i)the procedure number;
(ii)the name and address of the requester and his/her distinction as the applicant or a related person;
(iii)if the requester is a juridical person, the name of the representative person; and
(iv)If a request is made by an agent, the name and address of said agent and if the agent is a juridical person, the name of the representative person.
(2)When the request for inspection set forth in the preceding paragraph is made, a document certifying that the requester has the authority to make the request shall be presented.
(3)When the request for inspection set forth in paragraph (1) is made by an agent, the document certifying the authority of said agent shall be presented.
(4)In cases where the request for inspection set forth in paragraph (1) is made, when the requester is a juridical person, a document certifying the qualifications of the representative person of said juridical person shall be presented; provided, however that this shall not apply if the relevant Legal Affairs Bureau or District Legal Affairs Bureau that accepts said request is the registry office that accepted the registration of said juridical person and does not fall under the specified registry office.
(5)The request for inspection set forth in paragraph (1) shall be made by submitting a document stating the information set forth in said paragraph to the relevant Legal Affairs Bureau or District Legal Affairs Bureau.
(Method of Inspection of Records, etc.)
Article 228(1)The inspection of records or materials pursuant to the provisions of Article 141 (1) of the Act shall be made in front of the registrar of the parcel boundary demarcation or an officer designated by the registrar.
(2)The method specified by an ordinance of the Ministry of Justice as set forth in Article 141 (1) of the Act shall be the method of outputting and describing the content of the information recorded in an electromagnetic record as the document or another method that the registrar of the parcel boundary demarcation finds appropriate.
Section 3 Parcel Boundary Demarcation
(Report of the Examination of the Parcel Boundary Examiner)
Article 229The registrar of a parcel boundary demarcation may request from the parcel boundary examiner a report on the progress or results of the examination of facts pursuant to the provisions of Article 135 of the Act or other necessary matters.
(Method of Submitting Opinions of the Parcel Boundary Examiner)
Article 230The submission of opinions pursuant to the provisions of Article 142 of the Act shall be made in writing or as an electromagnetic record.
(Matters to Be Recorded, etc. in the Written Report of Parcel Boundary Demarcation)
Article 231(1)The following matters shall be recorded in a written report of parcel boundary demarcation:
(i)procedure number;
(ii)matters related to the real property location and real property number pertaining to the subject land (in cases of land without a heading registration, the matters listed in Article 34 (1) (i) of the Act and matters that are sufficient to specify said land);
(iii)conclusion;
(iv)outline of reasons;
(v)the name and address of the applicant;
(vi)if the applicant has an agent, the name of the agent;
(vii)the name of the parcel boundary examiner; and
(viii)a description of the relevant Legal Affairs Bureau or District Legal Affairs Bureau to which the parcel boundary examiner belongs.
(2)When the registrar of a parcel boundary demarcation prepares a written report of parcel boundary demarcation in writing, he/she shall state his/her title and name and affix a registrar's seal on the written report of parcel boundary demarcation.
(3)When the registrar of a parcel boundary demarcation prepares a written report of parcel boundary demarcation in the form of an electromagnetic record, he/she shall take measures to clarify a registrar of a parcel boundary demarcation as specified by the Minister of Justice.
(4)The following matters shall be recorded in the drawing set forth in Article 143 (2) of the Act:
(i)name of numbered district;
(ii)azimuth direction;
(iii)reduction scale;
(iv)parcel number of the subject land and relevant land;
(v)parcel boundary subject to the parcel boundary demarcation or range of the location;
(vi)distance between the parcel boundary points pertaining to the parcel boundaries subject to parcel boundary demarcation (if the range of the location of the parcel boundary is specified, each of the points comprising the range; the same shall apply in the following paragraph);
(vii)if there are boundary markers, a description of said boundary markers; and
(viii)the date of measurement.
(5)What is provided for by an ordinance of the Ministry of Justice as a method to indicate the location at the site of the point on the drawing set forth in Article 143 (2) of the Act shall be the number or code of the plane rectangular coordinate system as prescribed in Article 2 (1) (i) of the Order for Enforcement of the National Land Survey Act or the coordinate values of the parcel boundary points as a result of measurement based on the basic triangulation points, etc.; provided, however, that in cases where there are no basic triangulation points, etc. in the vicinity or where there are special circumstances that the measurement cannot be performed based on the basic triangulation points, etc., the method shall be the coordinate values of the parcel boundary points as a result of measurement based on the permanent planimetric features in the vicinity.
(6)The provisions of Article 10 (4) and Article 77 (3) and (4) shall apply mutatis mutandis to drawings set forth in Article 143 (2) of the Act.In this case, the term "paragraph (1) (ix)" as used in Article 77 (3) shall be deemed to be replaced with "Article 231 (4) (vii)."
(Public Notice and Notification of Parcel Boundary Demarcation)
Article 232(1)When a registrar of a parcel boundary demarcation prepares a copy of a written report of parcel boundary demarcation as set forth in Article 144 (1) of the Act, he/she shall attach a certification statement of the fact that it is a copy of a written report of parcel boundary demarcation thereon, state the date of preparation and his/her title and name and affix his/her official seal on the copy.
(2)The method specified by an ordinance of the Ministry of Justice set forth in Article 144 (1) of the Act shall be the method of issuing a document certifying the content of the written report of parcel boundary demarcation prepared in the form of an electromagnetic record.
(3)When the registrar of a parcel boundary demarcation prepares the document set forth in the preceding paragraph, he/she shall output a written report of parcel boundary demarcation that is prepared in the form of an electromagnetic record in the document, attach a certification statement to the effect that it is a document certifying the content recorded in a written report of parcel boundary demarcation, state the date of preparation and his/her title and name and affix his/her official seal on the document.
(4)The issuance of a copy of the written report of parcel boundary demarcation pursuant to the provisions of Article 144 (1) of the Act (including the document set forth in paragraph (2)) shall be made by sending.
(5)The provisions of Article 217 (1) shall apply mutatis mutandis to the public notice pursuant to the provisions of Article 144 (1) of the Act; the provisions of Article 217 (2) shall apply mutatis mutandis to the notification of a related person pursuant to the provisions of Article 144 (1) of the Act, respectively.
Section 4 Retention of Parcel Boundary Demarcation Procedure Records
(Sending the Parcel Boundary Demarcation Procedure Records)
Article 233(1)When the procedure for parcel boundary demarcation is completed, the registrar of the parcel boundary demarcation shall send the parcel boundary demarcation procedure record to the registry office that has jurisdiction over the location of the subject land without delay.
(2)In cases where the subject land is in the jurisdictional districts of two or more relevant Legal Affairs Bureaus or District Legal Affairs Bureaus, the sending pursuant to the provisions of the preceding paragraph shall be made to the registry office that is in the jurisdictional district of the relevant Legal Affairs Bureau or District Legal Affairs Bureau, which is designated by the Minister of Justice or the Director of the relevant Legal Affairs Bureau pursuant to the provisions of Article 6 (2) of the Act as applied mutatis mutandis by replacing the terms and phrases pursuant to Article 124 (2) of the Act, and that has jurisdiction over the location of the subject land. In this case, the registrar of the parcel boundary demarcation shall send a copy the written report of parcel boundary demarcation (if the written report of parcel boundary demarcation, etc. is prepared in the form of an electromagnetic record, the document in which the content is output; the same shall apply in the following paragraph and the following Article) to the registry office that is in the jurisdictional district of the relevant Legal Affairs Bureau or District Legal Affairs Bureau other than the Legal Affairs Bureau or District Legal Affairs Bureau designated by the Minister of Justice or the Director of the Legal Affairs Bureau and that is the registry office that has jurisdiction over the location of the subject land among said two or more Legal Affairs Bureaus or District Legal Affairs Bureaus..
(3)In cases where the subject land is in the jurisdictional districts of two or more registry offices (excluding the cases prescribed in the preceding paragraph), the sending set forth in the provisions of paragraph (1) shall be made to the registry office designated by the Director of the relevant Legal Affairs Bureau or District Legal Affairs Bureau. In this case, the registrar of the parcel boundary demarcation shall send a copy of the written report of parcel boundary demarcation to the registry office, which is other than the registry office designated by the Director of the relevant Legal Affairs Bureau or District Legal Affairs Bureau, among said two or more registry offices.
(Recording to the Registration Record)
Article 234A registrar of the registry office that accepts the sent copy of a parcel boundary demarcation procedure record or a written report of parcel boundary demarcation, etc. where a parcel boundary demarcation is made shall record in the registration record of the subject land the fact that a parcel boundary demarcation has been made.
(Preservation Period of the Parcel Boundary Demarcation Procedure Record)
Article 235(1)The preservation period of the information listed in the following items shall be as specified in those items:
(i)information stated or recorded in a written report of parcel boundary demarcation:permanent; and
(ii)information stated or recorded in a parcel boundary demarcation procedure record other than a written report of parcel boundary demarcation:thirty years from the year following when the registry office that has a jurisdiction over the location of the subject land receives the sent parcel boundary demarcation procedure record pursuant to the provisions of Article 233.
(2)When all or part of the parcel boundary demarcation procedure record is prepared in the form of an electromagnetic record, the information recorded in said electromagnetic record may be preserved by preserving the document in which the content of said information is output.
(3)When all or part of the parcel boundary demarcation procedure record is prepared in writing, the information recorded in said document may be preserved by preserving an electromagnetic record in which the content of said information is recorded.
(Application Mutatis Mutandis)
Article 236The provisions of Articles 29 through 32 (excluding Article 32 (2)) shall apply mutatis mutandis to the parcel boundary demarcation procedure record.In this case, the phrase "electromagnetic records, books or documents concerning the registry" as used in Article 29, the phrase "registration record or map, etc." as used in Article 30 (1), the phrase "registration record, map, etc. or annexed documents of registry" as used in paragraph (3) of said Article, the phrase "registry, map, etc. and annexed documents of registry" as used in Article 31 (1), the phrase "annexed documents of registry" as used in paragraph (2) of said Article, and the phrase "registry, map, etc. or annexed documents of registry" as used in paragraph (3) of said Article shall be deemed to be replaced with "parcel boundary demarcation procedure record"; and the phrase "the registration record (including an inventory of joint security and inventory of trust; the same shall apply in the following paragraph), map, etc. and annexed document of registry (including maps, etc. and annexed documents of registry that are recorded in an electromagnetic record) of said real property" as used in Article 32 (1) shall be deemed to be replaced with "parcel boundary demarcation procedure record pertaining to said real property", respectively.
(Handling of the Cases Where There is a Final and Binding Decision in a Lawsuit to Determine a Parcel Boundary)
Article 237When the decision in a lawsuit to determine a parcel boundary (excluding the decision to dismiss the claim as unlawful; the same shall apply hereinafter in this Article) becomes final and binding with regard to the parcel boundary for which parcel boundary demarcation pertaining to the parcel boundary demarcation procedure record that is preserved by a registrar is made, he/she may clarify the fact that the decision of said lawsuit to determine a parcel boundary has become final and binding and matters that are sufficient to specify the case pertaining to said lawsuit to determine a parcel boundary in a written report of parcel boundary demarcation pertaining to said parcel boundary demarcation.
Section 5 Issuance, etc. of a Copy of the Written Report of Parcel Boundary Demarcation, etc.
(Request Information, etc. for the Issuance of a Copy of the Written Report of Parcel Boundary Demarcation, etc.)
Article 238(1)When requesting the issuance of a copy of the written report of parcel boundary demarcation, etc. pursuant to the provisions of Article 149 (1) of the Act (in cases where a parcel boundary demarcation procedure record, etc. is prepared in the form of an electromagnetic record, including the document certifying the content of said recorded information), the information including the following matters in the content (hereinafter referred to as the "request information" in this Section) shall be provided. The same shall apply to the request for inspection of a parcel boundary demarcation procedure record:
(i)the name of the requester;
(ii)procedure number;
(iii)when requesting an issuance, the number of copies of documents pertaining to the request;
(iv)when requesting the issuance of a copy of part of a parcel boundary demarcation procedure record, etc., the requested part; and
(v)when requesting the issuance of a copy of a parcel boundary demarcation procedure record, etc. by sending, a statement to that effect and the sending address.
(2)When requesting an inspection of a parcel boundary demarcation procedure record other than a written report of parcel boundary demarcation pursuant to the provisions of Article 149 (2) of the Act, the following matters shall be included in the content of the request information in addition to the matters listed in items (i) and (ii) of the preceding paragraph:
(i)address of the requester;
(ii)if the requester is a juridical person, the name of the representative person;
(iii)when the request is made by an agent, the name and address of said agent and if the agent is a juridical person, the name of the representative person; and
(iv)the reasons for having the interests set forth in the proviso to Article 149 (2) of the Act and the inspecting part.
(3)When requesting an inspection as set forth in the preceding paragraph, a document certifying the reasons for having the interests set forth in item (iv) of said paragraph shall be presented.
(4)When requesting an inspection as set forth in paragraph (2) by an agent, a document certifying the authority of said agent shall be presented.
(5)In cases of requesting an inspection set forth in paragraph (2), when the requester is a juridical person, a document certifying the qualifications of the representative person of said juridical person shall be presented; provided, however, that this shall not apply to the following cases:
(i)in cases where the registry office that accepts the request is the same registry office as the one that accepted the registration of said juridical person and other than the specified registry office; and
(ii)in cases where the registry office that accepts the request is a registry office designated by the Minister of Justice as equivalent to the same registry as the one that accepted the registry of said juridical person.
(Requesting Method, etc. for Issuance of a Copy of a Written Report of Parcel Boundary Demarcation)
Article 239(1)The request for issuance set forth in paragraph (1) of the preceding Article or the request for an inspection set forth in paragraph (2) of said Article shall be made by submitting a document stating the request information to the registry office.
(2)The request for issuance of a copy of a written report of parcel boundary demarcation, etc. by sending may be made by providing the request information to the registry office using an electronic data processing system as specified by the Minister of Justice in addition to the method set forth in the preceding paragraph.
(3)The method specified by an ordinance of the Ministry of Justice set forth in the proviso to Article 119 (4) of the Act as applied mutatis mutandis pursuant to Article 149 (3) of the Act shall be the method prescribed in the preceding paragraph.
(Preparation and Issuance of a Copy of a Written Report of Parcel Boundary Demarcation, etc.)
Article 240(1)When a registrar prepares a copy of a written report of parcel boundary demarcation, etc. (excluding the cases prescribed in the following paragraph), he/she shall attach a certification statement to the effect that it is a copy of all or part of a written report of parcel boundary demarcation, etc., state the date of preparation and his/her title and name, and affix his/her official seal.
(2)In cases where a written report of parcel boundary demarcation, etc. has been prepared in the form of an electromagnetic record, when a registrar prepares a copy of the written report of parcel boundary demarcation, etc., he/she shall output a written report of parcel boundary demarcation, etc. recorded in an electromagnetic record in a document, attach a certification statement to the effect that it is a document certifying the content recorded in a written report of parcel boundary demarcation, etc., state the date of preparation and his/her title and name and affix his/her official seal to the document.
(3)The issuance of a copy of a written report of parcel boundary demarcation, etc. shall be made by sending based on the notification of the requester.
(Application Mutatis Mutandis)
Article 241The provisions of Article 202 shall apply mutatis mutandis to the inspection of the parcel boundary demarcation procedure record; the provisions of Article 203 (1) shall apply mutatis mutandis to the payment of the fees set forth in Article 149 (1) and (2) of the Act by fiscal stamps; the provisions of Article 204 shall apply mutatis mutandis to making a notification pursuant to the provisions of paragraph (3) of the preceding Article in cases of requesting the issuance set forth in Article 238 (1) by submitting a document stating the request information to the registry office; the provisions of Article 205 (2) shall apply mutatis mutandis to the payment of fees in cases where requesting the issuance of a copy of a written report of parcel boundary demarcation, etc. by the method prescribed in Article 239 (2), respectively.In this case, the phrase "Article 120 (2) and Article 121 (2) of the Act" as used in Article 202 (2) shall be deemed to be replaced with "Article 149 (2) of the Act"; the phrase "Article 109 (1) and (2), Article 120 (1) and (2) and Article 121 (1) and (2) of the Act" as used in Article 203 (1) shall be deemed to be replaced with "Article 149 (1) and (2) of the Act"; the phrase "Article 193 (1)" as used in Article 204 (1) shall be deemed to be replaced with "Article 238 (1)"; the phrase "Article 197 (6) (including cases as applied mutatis mutandis pursuant to Article 200 (3) and Article 201 (3))" as used in said paragraph shall be deemed to be replaced with "Article 240 (3)", respectively.
Section 6 Miscellaneous Provisions
(Procedure Cost)
Article 242The cost specified by an ordinance of the Ministry of Justice as set forth in Article 146 (1) of the Act shall be the amount that a registrar of a parcel boundary demarcation finds to be reasonable as the amount of rewards and costs to be paid to a person who is found to be reasonable by a registrar for parcel boundary demarcation, with respect to measurement, expert testimony or other act requiring specialized knowledge that the registrar of the parcel boundary demarcation orders said person to implement.
(Agent, etc.)
Article 243(1)In cases where a related person is a judicial person (excluding cases where the relevant Legal Affairs Bureau or District Legal Affairs Bureau that takes charge of affairs of a parcel boundary demarcation is the registry office that accepted the registration of said juridical person and does not fall under the specified registry office and cases where a manager or an agent of a juridical person who may undertake acts in the procedure of parcel boundary demarcation pursuant to the provisions of other laws and regulations undertakes the acts in the procedures of parcel boundary demarcations on behalf of said juridical person), when said related person submits his/her opinion or undertakes other acts in the procedure of parcel boundary demarcation, information certifying the qualifications of the representative person of said juridical person shall be submitted to the relevant Legal Affairs Bureau or District Legal Affairs Bureau.
(2)After an application for a parcel boundary demarcation is filed, when the applicant or a related person has selected an agent (excluding cases where said agent is a manager or other agent of a juridical person who can undertake acts in the procedure of parcel boundary demarcation pursuant to the provisions of other laws and regulations, when the relevant Legal Affairs Bureau or District Legal Affairs Bureau that accepts said application is the registry office that accepted the registration of said agent for said juridical person and does not fall under the specified registry office), said applicant or related person shall provide information certifying the authority of said agent to the relevant Legal Affairs Bureau or District Legal Affairs Bureau.
(Application Dismissal)
Article 244(1)When a registrar of a parcel boundary demarcation dismisses an application for parcel boundary demarcation pursuant to the provisions of Article 132 (1) of the Act, he/she shall prepare a written decision and deliver it to the applicant.
(2)The delivery pursuant to the provisions of the preceding paragraph shall be made by sending said written decision.
(3)When a registrar of a parcel boundary demarcation has dismissed an application, he/she shall return the attachment for a parcel boundary demarcation; provided however, that this shall not apply to fraudulent documents or other documents that are suspected to be used for a wrongful application.
(4)When a registrar of a parcel boundary demarcation has dismissed an application for parcel boundary demarcation after he/she made a public notice pursuant to the provisions of Article 133 (1) of the Act, he/she shall make a public notice to that effect. The provisions of Article 217 (1) shall apply mutatis mutandis to the public notice in this case.
(5)When a registrar of a parcel boundary demarcation has dismissed an application for parcel boundary demarcation after he/she made a notification pursuant to the provisions of Article 133 (1) of the Act, he/she shall notify to that effect the related persons pertaining to said notification. The provisions of paragraph (2) of said Article and Article 217 (2) shall apply mutatis mutandis to the notification in this case.
(Application Withdrawal)
Article 245(1)The application for parcel boundary demarcation shall be withdrawn in accordance with the category of application listed in the following items by the method specified in those items:
(i)electronic application for parcel boundary demarcation:the method of providing information to a registrar of a parcel boundary demarcation to the effect that an application is withdrawn using an electronic data processing system as specified by the Minister of Justice; and
(ii)written application for parcel boundary demarcation:the method of submitting a document to a registrar of a parcel boundary demarcation stating the information that an application is withdrawn.
(2)An application for parcel boundary demarcation shall not be withdrawn after notification has been dispatched to an applicant pursuant to the provisions of Article 144 (1) of the Act.
(3)When an application for parcel boundary demarcation has been withdrawn, a registrar of a parcel boundary demarcation shall return the attachment for a parcel boundary demarcation. The provisions of the proviso to paragraph (3) of the preceding Article shall apply mutatis mutandis to this case.
(4)When an application for parcel boundary demarcation has been withdrawn after a public notice is made pursuant to the provisions of Article 133 (1) of the Act, a registrar of a parcel boundary demarcation shall make a public notice to that effect. The provisions of Article 217 (1) shall apply mutatis mutandis to the public notice in this case.
(5)When an application for parcel boundary demarcation has been withdrawn after a notification is made pursuant to the provisions of Article 133 (1) of the Act, a registrar of a parcel boundary demarcation shall notify to that effect the related persons pertaining to said notice. The provisions of paragraph (2) of said Article and Article 217 (2) shall apply mutatis mutandis to the notification in this case.
(Correction of a Written Report of Parcel Boundary Demarcation)
Article 246(1)If there are clerical errors or any other obvious errors similar thereto in a written report of parcel boundary demarcation, a registrar of a parcel boundary demarcation may correct the error anytime after obtaining a permission of the Director of the relevant Legal Affairs Bureau or District Legal Affairs Bureau that supervises said registrar of a parcel boundary demarcation.
(2)When a registrar of a parcel boundary demarcation has corrected a written report of parcel boundary demarcation, he/she shall notify the applicant of the content of the correction, make a public notice of the fact that a correction has been made and notify related persons. The provisions of Article 133 (2) of the Act and Article 217 (2) of this Ordinance shall apply mutatis mutandis to the notification in this case and the provisions of paragraph (1) of said Article shall apply mutatis mutandis to the public notice in this case, respectively.
Supplementary Provisions
(Effective Date)
Article 1This Ministry Ordinance shall come into effect as from the date of enforcement of the Act (March 7, 2005).
(Principles of Transitional Measures)
Article 2(1)The provisions of the Ordinance of Real Property Registration after revision pursuant to this Ordinance (hereinafter referred to as the "New Ordinance") shall apply to matters that arose prior to the enforcement of this Ordinance unless otherwise there are special provisions in these supplementary provisions; provided, however that it shall not preclude the effect that has arisen pursuant to the provisions of the Detailed Regulations for Enforcement of the Real Property Registration Act before revision (hereinafter referred to as the "Former Detailed Regulations").
(2)Any dispositions, procedures or other acts conducted pursuant to the provisions of the Former Detailed Regulations before enforcement of this Ordinance shall be deemed to have been conducted under the relevant provisions of the New Ordinance with regard to the application of the New Ordinance, unless otherwise there are special provisions in these supplementary provisions.
(Registry Reform)
Article 3(1)When a registry office is designated pursuant to the provisions of Article 3 (1) of the Supplementary Provisions of the Act (excluding what is deemed to be designated pursuant to the provisions of paragraph (3) of said Article) with respect to its affairs, the registry office shall reform the former registry (meaning a registry as prescribed in Article 14 of the Real Property Act before revision (Act No.24 of 1899; hereinafter referred to as the "Former Act") before amendment that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act) pertaining to said affairs into the registry prescribed in Article 2 (ix) of the Act; provided, however, that this shall not apply to a registry that does not conform to the treatment of using an electronic data processing system as prescribed in Article 3 (1) of the Supplementary Provisions of the Act.
(2)The registry reform pursuant to the provisions of the preceding paragraph shall be made by transferring the registration made in a registration form to the registration record. In this case, it shall not require the transfer of registrations that currently have no effect, excluding registrations pertaining to the parcel number, land category and parcel area that are made on the registration form of the heading section of the land registry.
(3)When a registrar transfers a registration pursuant to the provisions of the preceding paragraph, he/she shall record at the end of the transferred registration in the corresponding section of the heading section or rights section of the registration record the fact that it has been transferred pursuant to the provisions of said paragraph.
(4)When a registrar transfers the registration pursuant to the provisions of paragraph (2), he/she shall state to that effect and the date in the heading section of the registration form and close said registration form. In this case, he/she shall state in the inventory of the former registry the fact that all of the registration forms filed in said former registry are closed and the date of closure and affix a registrar's seal thereto.
(Former Registry Pertaining to Undesignated Affairs)
Article 4(1)The provisions of Article 4, Article 8, Article 9, Article 90, Article 92 (2), Article 116, Article 117, Article 122, Article 194 (2) and Articles 195 through 198 of the New Ordinance shall apply with respect to the affairs designated pursuant to the provisions of Article 3 (1) of the Supplementary Provisions of the Act (including those that shall be deemed to have been designated pursuant to the provisions of paragraph (3) of said Article; hereinafter referred to as "Article 3 designation") from the date when Article 3 designation is given.
(2)With regard to a former registry (including a closed registry as prescribed in Article 24-2 of the Former Act that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act) pertaining to affairs to which Article 3 designation is not provided, the provisions of Articles 1 through 10, Article 11, Article 13, Articles 35 through 35-3, Articles 48-2 through 54-2, Article 57-9, Article 63-2, Article 64, Article 64-2 and Article 71 of the Former Detailed Regulations shall remain in force until Article 3 designation is given.In this case, the terms as listed in the middle column of the following table as used in the provisions of the Former Detailed Regulations as listed in the left column of the following table shall be replaced with the terms listed in the right column of said table respectively.
Provision for which a term is deemed to be replaced
Term deemed to be replaced
Term used for replacement
Article 2 (2)
Proviso to Article 15 of the Real Property Registration Act
Proviso to Article 15 of the Real Property Registration Act (Act No.24 of 1900; hereinafter referred to as the "Former Act") that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Real Property Registration Act (Act No.123 of 2004; hereinafter referred to as the "Act")
Article 2 (3)
Article 48-3 (1)
Article 48-3 (a) that shall remain in force pursuant to the provisions of Article 4 (2) of the Supplementary Provisions of the Ordinance of Real Property Registration (Act No.18 of 2005; hereinafter referred to as "New Ordinance")
Article 2 (4)
Article 52
Article 52 that shall remain in force pursuant to the provisions of Article 4 (2) of the Supplementary Provisions of the New Ordinance
Article 4
Proviso to Article 15 of the Real Property Registration Act
Proviso to Article 15 of the Former Act that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act
Article 5 (1)
Article 32 of the New Ordinance that shall remain in force pursuant to the provisions of Article 4 (3) of the Supplementary Provisions of the New Ordinance
Article 6 (2) and (4)
Proviso to Article 15 of the Real Property Registration Act
Proviso to Article 15 of the Former Act that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act
Article 6 (6)
Article 5 (2)
Article 5 (2) that shall remain in force pursuant to the provisions of Article 4 (3) of the Supplementary Provisions of the New Ordinance
Article 7 (3)
Paragraph (1) of the preceding Article
Article 6 (1) that shall remain in force pursuant to the provisions of Article 4 (2) of the Supplementary Provisions of the New Ordinance
Article 10 (2)
Article 7
Article 7 that shall remain in force pursuant to the provisions of Article 4 (2) of the Supplementary Provisions of the New Ordinance
Article 48-2 (1)
Proviso to Article 15 of the Real Property Registration Act
Proviso to Article 15 of the Former Act that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act
Article 48-2 (2)
Article 76 (1) or (4), Article 93-12-2 (4), Article 93-16 (4), Article 93-17 (3), Article 98 (5) or Article 99-2 of the Real Property Registration Act
Article 6 and Article 124 (4) of the New Ordinance as applied by replacing the terms and phrases pursuant to the provisions of Article 4 (3) of the Supplementary Provisions of the New Ordinance (including cases where it is applied mutatis mutandis pursuant to Article 120 (7), Article 126 (3), Article 134 (3) and Article 145 (1))
Article 49 (3)
Article 37-9 (2)
Article 44 (v) of the Act in cases where an annex building of a condominium unit is not a condominium unit
Article 49 (5)
Article 49-4 (1)
Article 49-4 (1) that shall remain in force pursuant to the provisions of Article 4 (2) of the Supplementary Provisions of the New Ordinance
Article 49-2 (1)
The number set forth in Article 91 (1) (iv) of the Real Property Registration Act
The name of the building set forth in Article 44 (1) (iv) of the Act
Article 49-2 (2)
The number set forth in Article 91 (2) (iii) of the Real Property Registration Act
The name of the condominium set forth in Article 44 (1) (viii) of the Act
Article 49-5
Proviso to Article 15 of the Real Property Registration Act
Proviso to Article 15 of the Former Act that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act
Article 91 (2) (i) through (iii) of said Act
Article 44 (1) (i), (vii) and (viii) of the Act
Article 49-6
Article 99-4 (2) of the Real Property Registration Act
Article 44 (1) (vi) of the Act
The second sentence of said paragraph
Article 58 (1) of the Act
Article 49-7
Article 99-4 (2) of the Real Property Registration Act
Article 44 (1) (vi) of the Act
Said paragraph
Said item
Article 49-8
Article 90 (2) of the Real Property Registration Act
Article 43 (1) of the Act
Article 57-9
Article 110-2, Article 135 and Article 143-2 (1) and (2) of the Real Property Registration Act
Article 98 and Article 104 of the Act (including cases where these provisions are applied mutatis mutandis pursuant to Article 16 (2) of the Act)
Article 63-2
Article 137 or Article 138 of the Real Property Registration Act
Article 86 (2) (i) of the Act (including cases where it is applied mutatis mutandis pursuant to paragraph (3) of said Article)
Article 64-2 (1)
Article 76 (4) of the Real Property Registration Act
Article 6 of the New Ordinance as applied by replacing the terms and phrases pursuant to the provisions of Article 4 (3) of the Supplementary Provisions of the New Ordinance
Article 64-2 (2)
Article 93-12-2 (4), Article 93-16 (4), Article 93-17 (3), Article 98 (5) or Article 99-2 of the Real Property Registration Act
Article 124 (4) of the New Ordinance as applied by replacing the terms and phrases pursuant to the provisions of Article 4 (3) of the Supplementary Provisions of the New Ordinance (including cases where it is applied mutatis mutandis pursuant to Article 120 (7), Article 126 (3), Article 134 (3) and Article 145 (1))
Article 71
Article 92 (1) of the New Ordinance
(3)With regard to the application of the New Ordinance to affairs set forth in the preceding paragraph until Article 3 designation is given, the term "registration record" in this Supplementary Provisions of the New Ordinance (excluding Article 6 and Article 28 (i), (iv) and (v)) shall be deemed to be replaced with "registration form," the terms "rights section" and "corresponding section of the rights section" shall be deemed to be replaced with "section of matters in the corresponding section of the registration form," the term "registration record" as used in Article 6 of the New Ordnance shall be deemed to be replaced with "registration form or a form for the heading section or each section," the term "registration record" as used in Article 28 (i) of the New Ordinance shall be deemed to be replaced with "information stated in the registration form," the phrase "closed registration record (meaning the registration record that has been closed; hereinafter the same shall apply)" shall be deemed to be replaced with "information stated in the closed registration form," the phrase "closed registration record" as used in items (iv) and (v) of said Article shall be deemed to be replaced with "the information stated in the closed registration form," the term "registry" as used in Article 31 (1) of the New Ordinance shall be deemed to be replaced with "former registry (including the closed registry)," the phrase "the purpose of registration, date of acceptance of the application and the acceptance number and matters related to the real property location" as used in Article 56 (1) of the New Ordinance shall be deemed to be replaced with "the purpose of registration, name of applicant, the date of acceptance of application and the acceptance number," the term "Certification of Matters to Be Registered" as used in the title of Article 193 of the New Ordinance shall be deemed to be replaced with "Transcript of Registry," the phrase "an issuance of a certificate of matters to be registered, written outline of matters to be registered, copy of all or part of a map, etc. (when the map, etc. is recorded in an electromagnetic record, a document certifying the content of said recorded information) or copy of all or part of a land location picture, etc. (when the land location picture, etc. is recorded in an electromagnetic record, a document certifying the content of said recorded information)" as used in paragraph (1) of said Article shall be deemed to be replaced with "an issuance of a transcript or extract of registry or inspection of registry pursuant to the provisions of Article 21 (1) of the Former Act that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act (including cases where it is applied mutatis mutandis pursuant to Article 24-2 (3) of the Former Act that shall remain in force pursuant to the provisions of Article 3 (4) of the Supplementary Provisions of the Act)," the phrase "in cases of requesting an issuance of a certificate of matters to be registered, categories of the certificate of matters to be registered listed in the items of Article 196 (1) (including the cases where items (i), (iii) and (iv) of said paragraph are applied mutatis mutandis pursuant to paragraph (2) of said Article)" as used in Article 193 (1) (iv) of the New Ordinance shall be deemed to be replaced with "in cases of requesting an issuance of an extract of registry, the requesting part for an issuance of the extract," the term "certificate of matters to be registered" as used in Article 193 (1) (v) of the New Ordinance shall be deemed to be replaced with "transcript or extract of registry," and the term "map, etc." as used in Article 202 (1) of the New Ordinance shall be deemed to be replaced with "registry, map, etc."
(4)In order to record the cancellation code of matters that are recorded in a registration form for the affairs that have not obtained Article 3 designation, said matters shall be crossed out in red ink.
(5)In order to record the registrar identification code on the registration form for affairs that have not obtained Article 3 designation, a registrar shall affix his/her registrar seal on the registration form.
(Closed Registry)
Article 5(1)The provisions of Article 193 (1), Article 194 (1), Article 202 (1), Article 203 (1) and Article 204 of the New Ordinance shall apply mutatis mutandis to an issuance or inspection of transcript or extract of the closed registry as prescribed in Article 4 (1) of the Supplementary Provisions of the Act.
(2)With regard to a transcript or extract of the closed registry set forth in the preceding paragraph, the provisions of Article 35 through Article 35-3 of the Former Detailed Regulations shall remain in force.
(3)The provisions of Articles 30 and 32 of the New Ordinance shall apply mutatis mutandis to affairs concerning the closed registry set forth in paragraph (1).
(Restoration Procedure in Cases where a Former Registry has been Lost)
Article 6(1)When a former registry (including inventory of trust) pertaining to affairs that have not obtained Article 3 designation has been lost, it shall be restored by the methods prescribed in Article 19, Article 23 and Articles 69 through 75 of the Former Act. In this case, a definitive registration certificate delivery book shall be kept with regard to said affairs.
(2)A registration certificate that has been issued based on the procedure as prescribed in the preceding paragraph shall be deemed to be the registration certificate that was returned pursuant to the provisions of Article 60 of the Former Act.
(3)The provisions of Article 22 and Articles 60 through 60-3 of the Former Detailed Regulations shall remain in force with regard to the former registry set forth in paragraph (1).In this case, the phrase "public notice set forth in Article 23 of the Real Property Registration Act" as used in Article 22 (1) of the Former Detailed Regulations shall be deemed to be replaced with "public notice for procedures as prescribed in Article 6 (1) of the Supplementary Provisions of the New Ordinance," the phrase "procedure set forth in Article 60 (1) of the Real Property Registration Act" as used in Article 60 of the Former Detailed Regulations shall be deemed to be replaced with "procedure as prescribed in Article 60 (1) of the Former Act," the phrase "Article 72 (1) of the Real Property Registration Act" as used in Article 60-2 of the Former Detailed Regulations shall be deemed to be replaced with "Article 6 (1) of the Supplementary Provisions of the New Ordinance," the phrase "Article 74 (1) of the Real Property Registration Act" as used in Article 60-3 of the Former Detailed Regulation shall be deemed to be replaced with "Article 6 (1) of the Supplementary Provisions of the Former Detailed Regulations," and the phrase "Article 72 (1) of said Act" shall be deemed to be replaced with "Article 72 (1) of the Former Act", respectively.
(4)At the enforcement of the Act, with regard to the procedure as prescribed in paragraph (1) that is currently implemented pursuant to the provisions of the Former Act, the provisions then in force shall remain applicable. When affairs that have not obtained Article 3 designation obtain Article 3 designation, the same shall apply to the procedure that is currently implemented pursuant to the provisions of paragraph (1) with respect to said affairs.
(Transfer from the Registry Office that Obtained Article 3 Designation)
Article 7(1)In cases where the location of a real property has been moved from under the jurisdiction of registry office A that has obtained Article 3 designation with respect to the affairs pertaining to said real property to registry office B that has not obtained Article 3 designation with regard to said affairs, in order to transfer the registration record, inventory of joint securities or inventory of trust of said real property to registry office B, registry office A shall send documents stating the matters recorded in the registration record, inventory of joint securities or inventory of trust of said real property of registry office A.
(2)When registry office B receives the document stating the matters recorded in the registration record pursuant to the provisions set forth in the preceding paragraph that was sent, a registrar of registry office B shall state the matters recorded in said documents in the registration form. In this case, he/she shall state the fact that the registration is made by reason of jurisdiction transfer and the date and affix the registrar's seal at the end of the registration that has been stated in the heading section and rights section.
(3)When registry office B receives the document stating the matters recorded in an inventory of joint securities or inventory of trust pursuant to the provisions set forth in paragraph (1) that was sent, a registrar of registry office B shall prepare an inventory of joint securities and inventory of trust based on the document. In this case, he/she shall provide a new code or inventory number to the inventory of joint securities or inventory of trust that he/she prepared where necessary.
(4)In the cases set forth in paragraph (2), if there are statements on the documents set forth in said paragraph on matters recorded pursuant to the provisions of Article 125 or Article 127 (1) of the Former Act or Article 166 (1) or Article 168 (2) or (4) of the New Ordinance, a registrar of registry office B shall state in a registration form said matters using the code or inventory number that is provided pursuant to the provisions of the preceding paragraph.
(Transfer from a Registry Office that has not Obtained Article 3 Designation)
Article 8(1)In cases where the location of a real property has been transferred from the jurisdiction of registry office A that has not obtained Article 3 designation with respect to the affairs pertaining to said real property to the jurisdiction of registry office B that has obtained Article 3 designation with respect to said affairs, a registrar of registry office B shall record the matters stated in the transferred registration form in the registration record; provided, however, that this shall not apply to those do not conform to handling using an electronic data processing system as prescribed in Article 3 (1) of the Supplementary Provisions of the Act.
(2)When a registrar of registry office B has recorded pursuant to the provisions of the preceding paragraph, he/she shall close the transferred registration form.
(3)In the cases prescribed in paragraph (1), when there is a transferred inventory of joint securities or inventory of trust, a registrar of registry office B shall prepare an inventory of joint securities or inventory of trust based thereon.
(4)The provisions of the second sentence of paragraph (2) of the preceding Article and paragraph (4) of said Article shall apply mutatis mutandis to the cases set forth in the main clause of paragraph (1); the provisions of the second sentence of paragraph (3) of the preceding Article shall apply mutatis mutandis to the case set forth in the preceding paragraph, respectively. In this case, the term "state" as used in the second sentence of paragraph (2) of the preceding Article shall be deemed to be replaced with "record"; the phrase "affix the registrar's seal" as used in said sentence shall be deemed to be replaced with "record the registrar identification code"; the phrase "the document set forth in said paragraph" as used in paragraph (4) of said Article shall be deemed to be replaced with "the transferred registration form"; and the term "registration form" as used in said paragraph shall be deemed to be replaced with "registration record"; and the term "state" as used in said paragraph shall be deemed to be replaced with "record", respectively.
(Inventory of Joint Securities)
Article 9(1)With regard to the method of providing the information to be recorded in an inventory of joint securities in cases where an application is filed for a registration of preservation, establishment or disposition of security interests, which have been established over the right pertaining to two or more real properties (limited to cases where a written application is filed; the same shall apply in this Article) at the registry office that has not obtained Article 3 designation with regard to affairs concerning the inventory of joint securities (hereinafter referred to as an "undesignated registry office for inventory of joint securities"), the provisions then in force shall remain applicable; provided, however that after the registration of preservation or establishment of security interests, which have been established over the right concerning one or two or more real properties, is made, in cases where an application is filed for a registration of preservation, establishment or disposition of security interests, which have been established over the right concerning the other two or more of real properties, in order to secure the same claim, even if the previous registration includes those concerning real property that is in the jurisdictional district of another registry office, it shall be sufficient to attach one inventory of joint securities.
(2)With regard to the method of providing the information to be recorded in an inventory of joint securities in cases where an application is filed for a registration of preservation, establishment or disposition of security interests, which have been established for the right concerning one of the other real properties, in order to secure the same claim at an undesignated registry office of inventory of joint securities after having made a registration of preservation or establishment of security interests, which have been established over the right concerning one or two or more real properties, the provisions then in force shall remain applicable; provided, however, that after having made the registration of preservation or establishment of security interests, which have been established over the right concerning one real property,, in cases where an application is filed for a registration of preservation, establishment or disposition of security interests, which have been established over the right concerning one of the other properties, in order to secure the same claim, even if the previous registration concerns a real property that is in the jurisdictional district of another registry office, it shall be sufficient to attach one inventory of joint securities.
(3)With regard to the inventory of joint securities in cases where an application is filed at the undesignated registry office of inventory of joint securities for a registration of separation of parcel subdivision of the land with a registration of security interests, a registration of separation of building, a registration of division into units, or a registration to cancel the right of site with respect to a condominium unit with the right of site, the provisions then in force shall remain applicable; provided, however, that even if the right concerning the real property before making these registrations is the subject of security interests together with the right concerning the real property that is in the jurisdictional district of another registry office, it shall be sufficient to attach one inventory of joint securities.
(4)In cases where an inventory of joint securities has been submitted pursuant to the provisions of the preceding three paragraphs, if there is an inventory of joint securities concerning the previous registration, an inventory of joint securities that is newly submitted shall be deemed to be part of the inventory of joint securities concerning said previous registration.
(5)The provisions of Articles 43-2 through 43-4 of the Former Detailed Regulations shall remain in force with regard to the inventory of joint securities to be submitted to an undesignated registry office of inventory of joint securities pursuant to the provisions of paragraphs (1) through (3).
Article 10(1)A file of inventories of joint securities shall be kept at an undesignated registry office of inventory of joint securities.
(2)When the information to be recorded in an inventory of joint securities has been provided in the form of an electronic application at an undesignated registry office of inventory of joint securities, a registrar shall prepare an inventory of joint securities in writing.
(3)The inventory of joint securities pursuant to the provisions of the preceding paragraph shall be filed in a file of inventories of joint securities set forth in paragraph (1). The same shall apply to the inventory of joint securities prepared by a registrar pursuant to the provisions of this Ordinance or other laws and regulations.
(4)When a document stating the information to be recorded in an inventory of joint securities has been submitted in the form of a written application at an undesignated registry office of inventory of joint securities pursuant to the provisions of paragraphs (1) through (3) of the preceding Article, said document shall be deemed to be an inventory of joint securities set forth in Article 83 (2) of the Act. In this case, notwithstanding the provisions of Article 19 of the New Ordinance, said document shall be filed in the file of inventories of joint securities set forth in paragraph (1).
(5)The inventory of joint securities that is deemed to be part of an inventory of joint securities concerning the previous registration pursuant to the provisions of paragraph (4) of the preceding Article shall be provided with the same code and inventory number as the inventory of joint securities concerning the previous registration.
(6)An inventory of joint securities shall be filed in the file of inventories of joint securities set forth in paragraph (1) in accordance with the order of the inventory number.
(7)The file of inventories of joint securities shall be designated by a code; provided, however, that it shall not preclude the division of a file.
(8)In cases where all or part of the location of the real property listed in an inventory of joint securities that is in the jurisdictional district of a undesignated registry office of inventory of joint securities has been transferred to another registry office, when an inventory of joint securities is transferred, an inventory of joint securities or an inventory of joint securities that is prepared by copying the matters to be stated in the inventory of joint securities shall be transferred.
(9)The provisions of Articles 57-4 through 57-6 (excluding Article 57-4 (3)) of the Former Detailed Regulations shall remain in force with regard to the inventory of joint securities prepared by a registrar at a undesignated registry office of inventory of joint securities.In this case, the phrase "when the right concerning real property is described pursuant to the provisions of Article 127 (2) of the Real Property Registration Act" as used in Article 57-4 (1) of the Former Detailed Regulation shall be deemed to be replaced with "when recording pursuant to the provisions of Article 168 (3) of the New Ordnance," the term "application form" as used in said paragraph shall be deemed to be replaced with "for application," the phrase "to attach a statement pursuant to the provisions of Article 128 (1) of the Real Property Registration Act" as used in paragraph (2) of said Article shall be deemed to be replaced with "to record pursuant to the provisions of Article 170 (1) (including cases where it is applied mutatis mutandis pursuant to paragraph (5) of said Article) and (2) of the New Ordinance," the term "application form" as used in said paragraph shall be deemed to be replaced with "for application," the phrase "the preceding two paragraphs" as used in paragraph (4) of said Article shall be deemed to be replaced with "Article 57-4 (2) that shall remain in force pursuant to the provisions of Article 10 (9) of the New Ordinance," the phrase "Article 43-4 or Article 57-5" as used in said paragraph shall be deemed to be replaced with "Article 43-4 that shall remain in force pursuant to the provisions of Article 9 (5) of the New Ordinance or Article 57-5 that shall remain in force pursuant to the provisions of Article 10 (9) of the New Ordinance," the phrase "Article 43-2, Article 43-3 (1) and Article 43-4" as used in Article 57-5 (1) of the Former Detailed Regulations shall be deemed to be replaced with "Article 43-2, Article 43-3 (1) and Article 43-4 that shall remain in force pursuant to the provisions of Article 9 (5) of the Supplementary Provisions of the New Ordinance," respectively.
Article 11At the enforcement of this Ordinance, the inventory of joint securities that is currently kept at the registry office shall be deemed to be the inventory of joint securities set forth in Article 83 (2) of the Act.
(Inventory of Trust)
Article 12(1)A registry that has not obtained Article 3 designation with respect to the affairs concerning an inventory of trust (hereinafter referred to as an "undesignated registry office of inventory of trust") shall keep a file of inventories of trust.
(2)When the information to be recorded in an inventory of trust is provided in the form of an electronic application at an undesignated registry office of inventory of trust, a registrar shall prepare an inventory of trust in writing in accordance with Appended Form (v).
(3)The inventory of trust pursuant to the provisions of the preceding paragraph shall be filed in a file of inventories of trust set forth in paragraph (1).
(4)When an application is filed for a registration of trust in the form of a written application at an undesignated registry office of inventory of trust, an applicant shall submit the information to be recorded in an inventory of trust by stating it in a form in accordance with the Appended Form (v). The same shall apply when an application is filed for a registration of trust in the form of a written application with respect to a real property for which the registry has not completed the reform pursuant to the provisions of Article 3 (1) of the Supplementary Provisions (including a registry that does not conform to handling using an electronic data processing system).
(5)When a document stating the information to be recorded in an inventory of trust pursuant to the provisions set forth in the preceding paragraph is submitted, said document shall be deemed to be an inventory of trust as set forth in Article 97 (3) of the Act. In this case, not withstanding the provisions of Article 19 of the New Ordinance, said document shall be filed in the file of inventories of trust set forth in paragraph (1).
(6)The provisions of Article 16-4 (1), Articles 43-6 through Article 43-9, Article 57-10 and Article 57-11 of the Former Detailed Regulations shall remain in force with respect to the inventory of trust of a undesignated registry office of inventory of trust.In this case, the term "registry of trust" as used in Article 16-4 (1) of the Former Detailed Regulations shall be deemed to be replaced with "inventory of trust," the term "application form" as used in said paragraph shall be deemed to be replaced with "for application," the term "registry of trust" as used in Article 43-6 of the Former Detailed Regulations shall be deemed to be replaced with "a document stating the information to be recorded in the inventory of trust" the term "Appendix From (x)" as used in said Article shall be deemed to be replaced with "Appended Form (v) of the Ordinance of Real Property Registration (Ordinance of the Ministry of Justice No.18 of 2005) "the phrase "registry form of trust" as used in Article 43-7 and Article 43-8 of the Former Detailed Regulations shall be deemed to be replaced with "a written form stating the information to be recorded in an inventory of trust," the term "Article 43-3" as used in Article 43-9 of the Former Detailed Regulations shall be deemed to be replaced with "Article 43-3 that shall remain in force pursuant to the provisions of Article 9 (5) of the Supplementary Provisions of the New Ordinance," the term "registry of trust" as used in said Article shall be deemed to be replaced with "a document stating the information to be recorded in an inventory of trust," and the term "registry of trust" as used in Article 57-10 and Article 57-11 of the Former Detailed Regulations shall be deemed to be replaced with "inventory of trust."
Article 13At the enforcement of this Ordinance, the registry of trust that is currently kept at the registry office shall be deemed to be an inventory of trust as set forth in Article 97 (3) of the Act.
(Reform of Inventory of Security Interests, etc.)
Article 14The provisions of Article 3 of the Supplementary Provisions shall apply mutatis mutandis to an inventory of joint securities and inventory of trust.
(Transitional Measures Concerning Article 3 Designation)
Article 14-2Affairs concerning a registry that has not completed the reform pursuant to the provisions of Article 3 (1) of the Supplementary Provisions (including cases as applied mutatis mutandis to Article 14 of the Supplementary Provisions) (including a registry that does not conform to handling using an electronic data processing system) among affairs that have obtained Article 3 designation shall be deemed to be affairs that have not obtained Article 3 designation with regard to the application of Article 3 (1), (4) and (7) of the Supplementary Provisions of the Act, Article 4 (1), (2), (4) and (5), Article 6 (1) and (4), Article 7 (1), Article 8 (1), Article 10 (1), (8) and (9) and Article 12 (1) and (6) of the Supplementary Provisions.
(Registration Procedure Before Designation Under Article 6 of the Supplementary Provisions of the Act)
Article 15(1)The provisions concerning electronic application in the New Ordinance shall apply to the registration procedure pertaining to the designation set forth in Article 6 of the Supplementary Provisions of the Act (hereinafter referred to as "Article 6 designation") from the date when Article 6 designation is given.
(2)When filing an application for registration pertaining to the registration procedure of a registry office that has not obtained Article 6 designation, a document stating the information certifying the cause of registration, the purpose of registration, cause of registration and other matters that can specify the registration pertaining to the application or the document stating the same content as the application form may be submitted.
(3)With regard to the preparation and issuance of a registration certificate as set forth in the main clause of Article 21 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 6 (3) of the Supplementary Provisions of the Act or in Article 117 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 6 (3) of the Supplementary Provisions of the Act or other registration certificate pertaining to the person entitled to register, the provisions shall remain in force.In this case, the document submitted pursuant to the provisions set forth in the preceding paragraph shall be deemed to be the document certifying the cause of registration as prescribed in the provisions of article 60 (1) of the Former Act or a duplicate of an application form.
(4)The cases specified by an ordinance of the Minister of Justice set forth in the proviso to Article 21 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 6 (3) of the Supplementary Provisions of the Act shall be the following cases:
(i)in cases where a person who is to receive the issuance of a registration certificate pursuant to the provisions of the main clause of Article 21 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 6 (3) of the Supplementary Provisions of the Act has made notification of the fact that he/she does not wish to it to be issued the registration certificate (in cases where a government agency or public office has commissioned a registration for a person entitled to register, including when said government agency or public office has made a notification that they do not wish it to be issued a registration certificate based on the notification of said person entitled to register);
(ii)in cases where a person who is to receive the issuance of a registration certificate pursuant to the provisions of the main clause of Article 21 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 6 (3) of the Supplementary Provisions of the Act does not receive the registration certificate within three months from the completion of registration;
(iii)in cases where a person who is to receive the issuance of a registration certificate pursuant to the provisions of the main clause of Article 21 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 6 (3) of the Supplementary Provisions of the Act is a government agent or a public office (excluding cases where said government agent or public office has made a notification of the fact that it wishes it to be issued a registration certificate in advance ); and
(iv)in cases where an applicant has not submitted the document prescribed in paragraph (2).
(5)The provisions set forth in Article 64 (2) of the New Ordinance shall apply mutatis mutandis to cases when a notification as set forth in items (i) and (iii) of the preceding paragraph is made.
(6)With regard to the preparation and issuance of the registration certificate (excluding the registration certificate set forth in paragraph (3)) in cases where the registration is completed in a registration procedure that is not obtained Article 6 designation, the provisions shall remain in force.In this case, the document submitted pursuant to the provisions of paragraph (2) or a registration certificate submitted pursuant to the provisions of Article 22 of the Act as applied by replacing terms and phrases pursuant to the provisions of article 6 (3) of the Supplementary Provisions of the Act shall be deemed to be the document certifying the cause of registration as prescribed in Article 60 (1) of the Former Act or a duplicate of an application form, or a registration certificate or the document as prescribed in paragraph (2) of said Article.
(7)The provisions set forth in paragraphs (4) and (5) shall apply mutatis mutandis to cases set forth in the preceding paragraph.
(8)With regard to the application of Article 70 of the New Ordinance to the registration procedure that is not obtained Article 6 designation until Article 6 designation is given, the term "Article 22 of the Act" as used in Article 70 of the New Ordinance shall be deemed to be replaced with "Article 22 of the Act as applied by replacing terms and phrases pursuant to the provisions of Article 6 (3) of the Supplementary Provisions of the Act."
(9)The provisions of Article 44-17 of the Former Detailed Regulations shall remain in force with regard to a registration procedure that has not obtained Article 6 designation until Article 6 designation is given.
(Registration Procedure Set Forth in Article 7 of the Supplementary Provisions of the Act)
Article 16In a registration procedure that has obtained Article 6 designation, when an applicant has filed an application for registration by submitting a registration certificate pursuant to the provisions of Article 7 of the Supplementary Provisions of the Act, the registration certificate prepared by the method pursuant to the provisions of Article 60 (2) of the Former Act shall be issued to said applicant who is a person obliged to register (in cases where there is no person entitled to register or person obliged to register, a registered right holder who is an applicant) in lieu of a certificate of completion of registration.
(Transitional Measures Concerning Article 6 Designation)
Article 16-2The registration procedure concerning a registry that has not completed the reform pursuant to the provisions of Article 3 (1) of the Supplementary Provisions in registration procedures that have obtained Article 6 designation shall be deemed to be a registration procedure that has not obtained Article 6 designation with regard to the application of Article 6 (1) of the Supplementary Provisions of the Act and Article 15 (1), (2), (6), (8) and (9) and Article 16 of the Supplementary Provisions.
(Request for Issuance of a Certificate of Matters to be Registered by the Method of Using an Electronic Data Processing System)
Article 17(1)With regard to the request for issuance of a certificate of matters to be registered at the registry office designated by the Minister of Justice, the provisions of Article 194 (3) of the New Ordinance shall apply to each registry office pertaining to said designation from the date of said designation.
(2)The designation set forth in the preceding paragraph shall be made by public notice.
(Transitional Measures on the Designation Pursuant to the Provisions of Paragraph (1) of the Preceding Article)
Article 17-2Among requests for issuance of a certificate of matters to be registered at a registry office that has been designated pursuant to the provisions of paragraph (1) of the preceding Article, a request for the issuance of a certificate of matters to be registered concerning a registry that has not completed the reform pursuant to the provisions of Article 3 (1) of the Supplementary Provisions shall be deemed to be a request for the issuance of a certificate of matters to be registered at a registry office that has not obtained the designation pursuant to the provisions of paragraph (1) of the preceding Article with regard to the application set forth in said paragraph.
(Cancellation of Advance Registration)
Article 18(1)A registrar may cancel the advance registration as prescribed in Article 3 of the Former Act by his/her own authority.
(2)In cases where a registrar makes a registration after enforcement of this Ordinance, if there is an advance registration set forth in the preceding paragraph in the registration record or registration form of a real property pertaining to said registration, he/she shall cancel said advance registration by his/her own authority.
(Registration of Change of Right by Reason of Former Division, etc. of a Revolving Mortgage)
Article 19(1)A registration of change of right by reason of division pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Act for Partial Amendments to the Civil Code (Act No. 99 of 1971) shall be made by an accessory registration that is made with respect to the registration of an increased amount.In this case, a registrar shall record the fact that the establishment of the revolving mortgage is registered by reason of the division and shall record the maximum amount after the division by an accessory registration that is made for a registration of a former revolving mortgage (meaning a former revolving mortgage as prescribed in Article 2 of the Supplementary Provisions of said Article) before the division.
(2)The provisions of Article 152 (2) of the New Ordinance shall apply mutatis mutandis to the cases set forth in the preceding paragraph when the registration of an increased amount has a registration pertaining to a third party's right which has been established for the part pertaining to said increase.
(3)When a registrar makes a registration of change of right by reason of division pursuant to the provisions of Article 9 (1) of the Supplementary Provisions of the Act for Partial Amendments to the Civil Code, he/she shall record it by an accessory registration that is made for the registration of establishment of a former revolving mortgage over said one real property and shall record the cancellation code of the record of the fact that said real property is subject to the security with other real properties.
(4)The provisions of Article 170 (1), (3) and (4) of the New Ordinance shall apply mutatis mutandis to cases of having made a registration of a change of right as set forth in the preceding paragraph.
(Transitional Measures Along with Partial Amendments to the Civil Code)
Article 20With regard to the application of the provisions of Article 3 and Article 165 of the New Ordinance until the day preceding the date of enforcement of the Act for Partial Amendments to the Civil Code (Act No.147 of 2004), the phrase "Article 398-8 (1) and (2)" as used in Article 3 (ii) (b) of the New Ordinance shall be deemed to be replaced with "Article 398-9 (1) or (2)," the phrase "Article 398-12 (2)" as used in (c) of said item shall be deemed to be replaced with "Article 398-12 (2)," the phrase "proviso to Article 398-14 (1)" as used in (d) of said item shall be deemed to be replaced with "proviso to Article 398-14 (1)," the phrase "Article 398-12 (2)" as used in Article 165 (1) and (2) shall be deemed to be replaced with "Article 398-12 (2)."
(Special Provisions, etc. for Cases of Submitting Attachment Documents in the Form of an Electronic Application)
Article 21(1)In cases where an electronic application is made, when the attachment information is provided by submitting a document pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order, the distinction of whether it is by submitting a document or not for each attachment information shall be included in the content of the application information.
(2)In the cases prescribed in the preceding paragraph, said document shall be submitted within two days of the date of acceptance of the application.
(3)In the cases prescribed in paragraph (1), when an applicant submits said document, he/she shall attach a statement of the following matters in a sheet that is prepared in accordance with Appended Form (xiii):
(i)the acceptance number and other matters necessary for specifying an application which includes said document as its attachment information; and
(ii)a description of attachment information to be provided pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order.
(4)In the cases prescribed in paragraph (1), when said document is submitted by sending, it shall be sent by registered mail or a service of correspondence delivery where said correspondence delivery service operator records the acceptance and delivery.
(5)In the cases prescribed in the preceding paragraph, the fact that the document is to be submitted pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order shall be stated on the front side of envelope in which said document is placed.
Article 22(1)The electromagnetic record set forth in Article 5 (4) of the Supplementary Provisions of the Order shall be provided by transmitting as specified by the Minister of Justice.
(2)With regard to the provision of electromagnetic records set forth in Article 5 (4) of the Supplementary Provisions of the Order, it shall be sufficient to be made for the part that clarifies the content of the cause of registration in the information stated in the document set forth in the same paragraph for a registration other than the registration set forth in Article 64 of the Act.
(3)In cases where the information stated in the document set forth in Article 5 (4) of the Supplementary Provisions of the Order pursuant to the provisions of said paragraph is recorded, it shall be done by the method of reading the matters recorded in said document as specified by the Minister of Justice using a scanner (including an image reading system equivalent thereto).
Article 23Notwithstanding the provisions of Article 17 (1), in cases where the attachment information is provided by the method of submitting a document pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order, said document shall be filed in the files listed in Article 18 (ii) through (v) and preserved in accordance with the provisions of Articles 19 through 22.
Article 24(1)The provisions of Article 38 (3) and Article 39 (3) shall apply mutatis mutandis to cases where the attachment information is provided by the method of submitting the document pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order.
(2)The provisions of Article 45, Article 49, Article 50 and Article 55 shall apply mutatis mutandis pursuant to the submission of the document pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order.In this case, the phrase "attachment to the application form" as used in Article 55 (1) shall be deemed to be replaced with "said document."
(3)With regard to the application of the provisions of Article 60 (2) in cases where the attachment information is provided by submitting the documents pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order, the term "method" as used in Article 60 (2) (i) shall be deemed to be replaced with "method, or by the method of correcting the document that has been submitted to the registry office or of submitting the document pertaining to the correction to the registry office."
(4)With regard to the application of the provisions of Article 63 (7) in cases where the attachment information is provided by submitting a document pursuant to the provisions of Article 5 (1) of the Supplementary Provisions of the Order, the term "application form" as used in Article 63 (7) shall be deemed to be replaced with "the form set forth in Article 21 (3) of the Supplementary Provisions."
Article 25The notification set forth in Article 23 (1) of the Act in the case of an electronic application may be made by the method where the person obliged to register as prescribed in Article 22 of the Act states the fact that the content of the application pertaining to the notification is true in the document set forth in Article 70 (1), sign his/her name, affix a seal on said document using the same seal as the one that was affixed on the letter of attorney and submit it to the registry office for the time being.
Appended Table 1 (Related to Article 4 (1))
Land Registration Record
Section I
Section II
Map number section
The number of the map or the number of the map border, date of parcel boundary demarcation and procedure number
Description of land section
Real property number section
Real property number
Location section
Location
Parcel number section
Parcel number
Land category section
Land category
Parcel area section
Parcel area
Cause and date section
Cause of registration and date
The fact that the land is a river area, special area of a high-grade bank, greenbelt area, specified greenbelt area, or three-dimensional river area
Reason for closure
Registration date section
Date of registration
Date of closure
Owner section
Owner and his/her share
Appended Table 2 (Related to Article 4 (2))
Building Registration Record: Non-Condominium Unit
Section I
Section II
Location picture number section
Number of the building location picture
Description of a principal building section
Real property number section
Real property number
Location section
Location (including the location of annex buildings)
If there is a name of the building, the name
Building number section
Building number
Type section
Type
Structure section
Structure
Floor area section
Floor area
Cause and date section
Cause of registration and date
In cases where a building is newly constructed, the fact that the type, structure and floor area of said building in the registration of preservation of a statutory lien on the real property construction are based on the specifications
Reason for closure
Registration date section
Date of registration
Date of closure
Description of an annex building section
Code section
Code of annex building
Type section
Type of annex building
Structure section
Structure of annex building
In cases where the annex building is a condominium unit, the location, structure, floor area and name of the condominium to which said annex building belongs
In cases where the annex building is a condominium unit, the content of the right of site
Floor area section
Floor area of the annex building
Cause and date section
Cause of registration of the registration pertaining to an annex building and date
In cases where the annex building is newly constructed, the fact that the type, structure and floor area of the building in the registration of preservation of a statutory lien on the real property construction are based on the specifications
Date of registration section
Date of registration pertaining to the annex building
Owner section
Owner and his/her share
Appended Table 3 (Related to Article 4 (2))
Building Registration Record: Condominium Unit
Section I
Section II
Heading section of a condominium
Building number section of the proprietary part
Building number of a condominium unit that belongs to a condominium
Description of building section
Location section
Location of a condominium
Location drawing number section
Building location drawing number
Building name section
Name of the condominium
Structure section
Structure of the condominium
Floor area section
Floor area of the condominium
Cause and date section
Cause of registration of the registration pertaining to the condominium and date
In cases where a condominium is newly constructed, the fact that the type, structure and floor area of said condominium in the registration of preservation of a statutory lien on the real property construction are based on the specifications
Reason for closure
Registration date section
Date of registration pertaining to the condominium
Date of closure
Description of land that is subject to the right of site section
Land code section
The code of the land that is subject to the right of site
Location and parcel number section
Location and parcel number of the land that is subject to the right of site
Land category section
Land category of the land that is subject to the right of site
Parcel area section
Parcel area of the land that is a subject of the right of site
Registration date section
Date of registration pertaining to the right of site
Cause of registration for a registration of change or registration of correction in the heading section of a building due to the fact that there are changes, errors or omissions in the matters to be registered in the heading section of the land that is subject to the right of site, and the date
Heading section of a condominium unit
Description of a proprietary element of the building section
Real property number section
Real property number
Building number section
Building number of the condominium unit
Building name section
Name of the condominium unit
Type section
Type of condominium unit
Structure section
Structure of the condominium unit
Floor area section
Floor area of the condominium unit
Cause and date section
Cause of registration for the registration pertaining to the condominium unit, and date
The fact that it is categorized as a common element
The fact that it is categorized as a common element of a housing building
In cases where a condominium is newly constructed, the fact that the type, structure and floor area of said condominium in the registration of preservation of a statutory lien on the real property construction are based on the specifications
Registration date section
Date of registration pertaining to the condominium unit
Description of an annex building section
Code section
Code of the annex building
Type section
Type of annex building
Structure section
Structure of the annex building
In cases where the annex building is a condominium unit, the location, structure, floor area and name of the condominium
In cases where the annex building is a condominium unit, the content of the right of site
Floor area section
Floor area of an annex building
Cause and date section
Cause of registration for the registration pertaining to the annex building, and date
In cases where the annex building is newly constructed, the fact that the type, structure and floor area of said condominium in the registration of preservation of a statutory lien on the real property construction are based on the specifications
Registration date section
Date of registration pertaining to the annex building
Description of the right of site section
Land code section
The code of the land that is subject to the right of site
Type of right of site section
Type of the right of site
Share of right of site section
Share of the right of site
Cause and date section
Cause of registration for the registration pertaining to the right of site, and date
The fact that it is the right of site pertaining to the annex building
Registration date section
Date of registration pertaining to the right of site
Owner section
Owner and his/her share
Appended Form (i)(Related to Article 74 (3))
Appended Form (ii)(Related to Article 74 (3))
Appended Form (iii)(Related to Article 80 (2))
Appended Form (iv)(Related to Article 94 (2))
Appended Form (v)(Related to Article 176 (2) and Article 197 (2))
Appended Form (vi)(Related to Article 181 (2))
Appended Form (vii)(Related to Article 197 (2) (i))
Appended Form (viii)(Related to Article 197 (2) (ii))
Appended Form (ix)(Related to Article 197 (2) (iii))
Appended Form (x)(Related to Article 197 (2) (iv))
Appended Form (xi)(Related to Article 198 (1))
Appended Form (xii)(Related to Article 198 (2))
Appended Form (xiii)(Related to Article 21 (3) of the Supplementary Provisions)