Real Property Registration Order(Cabinet Order No. 379 of 2004)
Last Version: Cabinet Order No. 4 of 2010
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  • 令和5年9月5日
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  • 平成25年3月13日
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Real Property Registration Order
Cabinet Order No. 379 of December 1, 2004
The Cabinet hereby enacts this Cabinet Order to fully revise the Order for Enforcement of the Real Property Registration Act (Cabinet Order No. 228 of 1960) pursuant to the provisions of Article 18, Article 22, Article 25, item (xiii), Article 26 and Article 70, paragraph (3) of the Real Property Registration Act (Act No. 123 of 2004) (including when these provisions are applied mutatis mutandis pursuant to Article 16, paragraph (2) of the same Act) and Article 121, paragraph (1) of the same Act.
Chapter I General Provisions(Articles 1 and 2)
Chapter II Application Information and Attached Information(Articles 3 to 9)
Chapter III Procedures for Applying for a Registration by Means of an Electronic Data Processing System(Articles 10 to 14)
Chapter IV Procedures for Applying for a Registration by Submitting Documents(Articles 15 to 19)
Chapter V Miscellaneous Provisions(Articles 20 to 24)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1This Cabinet Order provides for necessary matters concerning the registration of real property pursuant to the provisions of the Real Property Registration Act (hereinafter referred to as the "Act").
(Definitions)
Article 2In this Cabinet Order, the meanings of the terms listed in the following items shall be as prescribed in each of the relevant items:
(i)attached information:information which, pursuant to the provisions of the main clause of Article 22 or Article 61 of the Act, the provisions of the following Chapter or the provisions of other laws and regulations, must be provided, together with application information, to a registry office when an application for registration is filed;
(ii)land location map:a drawing showing the location of a parcel of land, which is prepared as provided for by Ordinance of the Ministry of Justice;
(iii)parcel area survey map:a drawing showing the results of a survey of parcel area with regard to a parcel of land, which is prepared as provided for by Ordinance of the Ministry of Justice;
(iv)servitude plat:a drawing showing the area with respect to which a servitude is established if the such area constitutes a portion of the servient land, which is prepared as provided for by Ordinance of the Ministry of Justice;
(v)building plat:a drawing showing the position of a building, which is prepared as provided for by Ordinance of the Ministry of Justice;
(vi)plan view of each floor:a drawing showing the plan view of each floor of a building, which is prepared as provided for by Ordinance of the Ministry of Justice;
(vii)information under commissionthat must be provided to the registry office pursuant to the provisions of Article 18 of the Act as applied mutatis mutandis pursuant to Article 16, paragraph (2) by the person commissioning the registration, when a registration is commissioned as provided for in paragraph (1) of the same Article; and
(viii)details of priority:the matters specified by Ordinance of the Ministry of Justice as being necessary for clarifying the order of priority of the rights, as referred to in Article 59, item (viii) of the Act.
Chapter II Application Information and Attached Information
(Application Information)
Article 3The application information that must be provided to a registry office in applying for a registration as referred to in Article 18 of the Act is the following content:
(i)the name and address of the applicant;
(ii)if the applicant is a corporation, the name of its representative;
(iii)if an agent applies for a registration, the name and address of the agent and the name of its representative if the agent is a corporation;
(iv)if the applicant applies for a registration on behalf of another person pursuant to the provisions of Article 423 of the Civil Code (Act No. 89 of 1896) or other laws and regulations, a statement to the effect that the applicant is the subrogee, the name and address of the other person, and the cause of subrogation;
(v)the purpose of the registration;
(vi)the cause of the registration and the date on which it arose (if the applicant applies for a registration to preserve ownership, he/she is limited to doing so with respect to a condominium unit with a registered right of site pursuant to the provisions of Article 74, paragraph (2) of the Act);
(vii)if the applicant applies for the registration of a land description or for the registration of a land right, the following information:
(a)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the land is located;
(b)the parcel number (when the application is being filed for a heading registration on a piece of land, excluding a case in which a person listed in Article 74, paragraph (1), item (ii) or item (iii) of the Act applies for a registration to preserve ownership with respect to land for which there is no heading registration or in which the registration of a restriction on the disposition of ownership is commissioned with respect to land for which there is no heading registration);
(c)the land category; and
(d)the parcel area;
(viii)if the applicant applies for the registration of a building description or for the registration of a building right, the following matters:
(a)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located and the parcel number of the land on which the building is located (if the building is a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the condominium of which the building is a part is located, and the parcel number of the land on which the condominium is located);
(b)the building number (if the applicant applies for a building's heading registration (including a heading registration for a building following a combination, if the registration, etc. is due to a combination), excluding a case in which a person listed in Article 74, paragraph (1), item (ii) or item (iii) of the Act applies for a registration to preserve ownership with respect to a building for which there is no heading registration or in which the registration of a restriction on the disposition of ownership is commissioned with respect to a building for which there is no heading registration);
(c)the type, structure, and floor area of the building;
(d)if the building has a name, the name of the building;
(e)if the building has an annex building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the annex building is located, the parcel number of the land on which the annex building is located (if the annex building is a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the condominium of which the annex building is a part is located, and the parcel number of the land on which the condominium is located), and the type, structure, and floor area of the annex building;
(f)if the building or annex building is a condominium unit, the structure and floor area of the condominium of which the building or annex building is a part (excluding when the information listed in (g) is included in the application information (excluding the case referred to in (b)); and
(g)if the building or annex building is a condominium unit, and the condominium of which the building or the annex building is a part has a name, the name of the condominium;
(ix)if the applicant applies for a heading registration, for a registration to preserve a right, or for a registration of the establishment or transfer of a right (excluding registration of a revolving pledge, revolving mortgage, or trust), and two or more persons become the heading-section owners or registered holders, the share of each person who becomes a heading-section owner or registered holder;
(x)if the applicant applies for the registration of a description pursuant to the provisions of Article 30 of the Act, a statement to the effect that the applicant is the heir or other general successor of the heading-section owner or registered holder of ownership;
(xi)if the applicant applies for the registration of a right, the following matters:
(a)if the applicant is not a person entitled to register nor a person obliged to register (or a registered holder if there is no person entitled to register and no person obliged to register) (excluding the cases referred to in item (iv), and (b) and (c)), the name and address of the person entitled to register, the person obliged to register or the registered holder;
(b)if the applicant applies for the registration pursuant to the provisions of Article 62 of the Act, a statement to the effect that the applicant is the heir or other general successor of the person entitled to register, the person obliged to register or the registered holder;
(c)in a case referred to in (b), if the heir or other general successor of the person entitled to register who becomes the registered holder files the application, the name of the person entitled to register and his/her address at the time of general succession;
(d)if provisions exist concerning the extinction of a right that is the subject of the registration or the partition of property in co-ownership, such provisions;
(e)if the applicant applies for the registration of a transfer of part of a right, the part of the right that is transferred; and
(f)if the applicant applies for the registration of ownership or of a general statutory lien, pledge, or mortgage on a condominium unit with a registered right of site (excluding the registration provided for in the proviso to paragraph (3) of Article 73 of the Act), the following matters:
1.the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of said land; and
2.the type and proportion of the right of site;
(xii)if the applicant files an application provided for in Article 22 of the Act, and he/she is unable to provide the information that identifies the registration pursuant to the provisions of the proviso to the same Article, the reason he/she is unable to provide the information that identifies the registration; and
(xiii)in addition to what is provided for in the preceding items, if the applicant applies for a registration listed in the registration column of the appended table, the information listed in the application information column of the same table.
(Preparation and Provision of Application Information)
Article 4An applicant shall prepare and provide application information for each piece of real property in accordance with the purpose and the cause of registration; provided, however, that this does not apply when the purposes and the causes of registration, as well as the dates of application, for two or more pieces of real property located within the jurisdictional district of the same registry office are identical, and in other cases provided for by Ordinance of the Ministry of Justice.
(Applications for Registration with a Single Set of Application Information)
Article 5(1)An applicant shall use a single set of application information to apply for a registration, etc. by reason of combination.When such is the case, if the applicant also files an application for a registration of ownership pursuant to the provisions of the second sentence of paragraph (1) of Article 49 of the Act, the applicant shall use a single set of application information to apply for said registration and to apply for the registration, etc. by reason of combination.
(2)An applicant shall use a single set of application information to apply for the registration of a trust and to apply for a registration to preserve a right to the trust or for a registration of the establishment or transfer of a right to said trust, or of a change in a right to said trust.
(3)An applicant shall use a single set of application information to apply for the cancellation of a trust's registration and to apply for the registration of the transfer of a right to real property that is part of the trust property, to apply for the registration of a change in said right, or to apply for the cancellation of the registration of said right pursuant to the provisions of Article 104, paragraph (1) of the Act.
(4)An applicant shall use a single set of application information to apply for the cancellation of a trust's registration and to apply for the registration of a trust as well as to apply for the registration of a change in a right pursuant to Article 104-2, paragraph (1) of the Act.
(Omission of a Portion of Application Information)
Article 6(1)Notwithstanding the provisions listed in each of the following items, if the matters specified by Ordinance of the Ministry of Justice as being necessary for identifying the real property that are referred to in Article 27, item (iv) of the Act (such matters are referred to as "matters identifying the real property" in the following paragraph) are included in the application information pursuant to the provisions of Ordinance of the Ministry of Justice, it is not required that the matters provided for in the relevant item be included in the application information:
(i)Article 3, item (vii):the matters listed in the same item;
(ii)Article 3, item (viii):the matters listed in the same item; and
(iii)Article 3, item (xi), (f), 1. :the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located and the parcel number, land category, and parcel area of the land.
(2)Notwithstanding the provisions of Article 3, item (xiii), if the matters identifying the real property are included in the application information pursuant to Ordinance of the Ministry of Justice, it is not required that the following matters be included in the application information:
(i)the building number of a building for which there is a registration of ownership listed in (b) of the application information column in row 13 of the appended table;
(ii)the building number of a building prior to the combination listed in (c), 1. of the application information column in row 13 of the appended table;
(iii)the building number of a building owned by the unit owner listed in the application information column in row 18 of the appended table;
(iv)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building listed in (a) of the application information column in row 19 of the appended table is located, the parcel number of land where the building is located, and the building number;
(v)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the dominant land listed in the application information column in row 35 of the appended table or row 36 of the same table is located, and the parcel number, land category, and parcel area of the dominant land;
(vi)the matters listed in Article 3, item (vii) and (viii) with respect to real property located within the jurisdictional district of another registry office listed in (a) of the application information column in row 42 of the appended table, (a) of the application information column in row 46 of the same table, (a) of the application information column in row 49 of the same table, (b) of the application information column in row 50 of the same table, (a) of the application information column in row 55 of the same table, (a) of the application information column in row 58 of the same table or (b) of the application information column in row 59 of the same table;
(vii)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land listed in (b), 1. of the application information column in row 42 of the appended table, (c), 1. of the application information column in row 46 of the same table, (e), 1. of the application information column in row 47 of the same table, (c), 1. or (f), 1. of the application information column in row 49 of the same table, (c), 1. of the application information column in row 55 of the same table, (d), 1. of the application information column in row 56 of the same table, or (c), 1. or (f), 1. of the application information column in row 58 of the same table is located, and the parcel number of the land; and
(viii)the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building listed in (b), 2. of the application information column in row 42 of the appended table, (c), 2. of the application information column in row 46 of the same table, (e), 2. of the application information column in row 47 of the same table, (c), 2. or (f), 2. of the application information column in row 49 of the same table, (c), 2. of the application information column in row 55 of the same table, (d), 2. of the application information column in row 56 of the same table, or (c), 2. or (f), 2. of the application information column in row 58 of the same table is located, the parcel number of the land where the building is located, and the building number.
(Attached Information)
Article 7(1)When filing an application for registration, the applicant shall provide a registry office with the following information along with the application information:
(i)if the applicant is a corporation (excluding a case specified by Ordinance of the Ministry of Justice), information certifying the capacity of the corporation's representative;
(ii)if the applicant applies for the registration through an agent (excluding a case specified by Ordinance of the Ministry of Justice), information certifying the authority of the agent;
(iii)if the applicant applies for the registration on behalf of another person pursuant to the provisions of Article 423 of the Civil Code or other laws and regulations, information certifying the cause of subrogation;
(iv)if the applicant applies for the registration of a description pursuant to the provisions of Article 30 of the Act, information certifying inheritance or other general succession, prepared by the mayor of the municipality (including the mayor of a special ward, and referring to the mayor of a ward in the case of a designated city as set forth in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947); the same applies hereinafter except in Article 16, paragraph (2) and Article 17, paragraph (1)), a registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that is to serve as a substitute); and
(v)if the applicant applies for the registration of a right, the following information:
(a)if the applicant applies for the registration pursuant to the provisions of Article 62 of the Act, information certifying inheritance or other general succession, prepared by the mayor of the municipality, a registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that is to serve as a substitute); and
(b)information certifying the cause of registration; provided, however, that in the cases listed in 1. and 2. below, the information that must be provided is limited to that set forth in 1. and 2. , respectively; and if the applicant applies for the registration listed in the registration column of the appended table (excluding the cases listed in 1. or 2. below), the information that must be provided is as prescribed in the attached information column of that table:
1.if the applicant applies for the registration based on a final and binding judgment as prescribed in Article 63, paragraph (1) of the Act:an enforceable authenticated copy of the written judgment in the final and binding judgment (including an enforceable authenticated copy of any document that has the same effect as a final and binding judgment; the same applies hereinafter); and
2.if a disposition ordering a provisional registration as prescribed in Article 108 of the Act exists, and the applicant applies for a provisional registration pursuant to the provisions of Article 107, paragraph (1) of the Act:an authenticated copy of the written decision in the disposition ordering a provisional registration;
(c)if a third party's permission, consent, or approval is required in relation to the cause of registration: information certifying that the third party has given permission, consent, or approval; and
(vi)in addition to what is listed in the preceding items, if the applicant applies for the registration listed in the registration column of the appended table: the information listed in the attached information column of said table.
(2)The provisions of items (i) and (ii) of the preceding paragraph do not apply when a registration is commissioned by an official of the government agency or public office designated under orders, ordinances, or rules with regard to a right that is subject to the administrative jurisdiction of a State organ administering real property.
(3)In the following cases, there is no requirement to provide information certifying the cause of registration, notwithstanding the provisions of paragraph (1), item (v), (b):
(i)if the applicant applies for a registration to preserve ownership (excluding if the applicant applies for a registration to preserve ownership with regard to a condominium unit with a registered right of site pursuant to the provisions of Article 74, paragraph (2) of the Act);
(ii)if the applicant applies, pursuant to the provisions of Article 111, paragraph (1) of the Act, for the cancellation of a registration that is made after a prohibition on the disposition of property has been registered under the provisions of Article 53, paragraph (1) of the Civil Provisional Remedies Act (Act No. 91 of 1989) (excluding a prohibition on the disposition of property that was registered together with a provisional registration for the purpose of preservation; the same applies in the following item);
(iii)if the applicant applies, pursuant to the provisions of Article 111, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of said Article, for the cancellation of a registration that is made after a prohibition on the disposition of property has been registered; and
(iv)if the applicant applies, pursuant to the provisions of Article 113 of the Act, for the cancellation of a registration that is made after a prohibition on the disposition of property has been registered together with a provisional registration for the purpose of preservation.
(Registration, etc. for Which the Registered Holder Must Provide Information That Identifies the Registration)
Article 8(1)The registration specified by Cabinet Order that is referred to in Article 22 of the Act is as follows; provided, however, that this excludes a registration based on a final and binding judgment:
(i)registration of the consolidation of parcels of land for which there are registrations of ownership;
(ii)registration, etc. by reason of the combination of buildings for which there are registrations of ownership;
(iii)registration by reason of a merger of buildings for which there are registrations of ownership;
(iv)registration of the change of a right subject to provisions prohibiting the partition of property in co-ownership;
(v)cancellation of a registration of ownership in a case in which there is no registration of an ownership transfer;
(vi)registration of a change of the order of priority of pledges or mortgages;
(vii)the registration provided for in the proviso to paragraph (1) of Article 398-14 of the Civil Code (including where it is applied mutatis mutandis under Article 361 of the same Act);
(viii)registration of the change of a right as a result of a trust created by the means set forth in Article 3, item (iii) of the Trust Act ( Act No. 108 of 2006); and
(ix)cancellation of a provisional registration for which a registered holder of the provisional registration independently applies.
(2)In the case of a registration referred to in the preceding paragraph, if the applicant applies for a registration listed in one of the following items, it is sufficient for the applicant to provide the information that identifies the registration which is provided for in the relevant item:
(i)registration of the consolidation of parcels of land for which ownership has been registered:information that identifies the registration for the registered holder of ownership in any of the parcels of land in the consolidation;
(ii)registration, etc. by reason of the combination of buildings whose registered holders are identical and for which ownership has been registered:information that identifies the registration for the registered holder of ownership in any of the buildings in the combination; and
(iii)registration by reason of a merger of buildings for which ownership has been registered:information that identifies the registration for the registered holder of ownership in any of the buildings in the merger.
(Omission of a Portion of Attached Information)
Article 9Notwithstanding the provisions of Article 7, paragraph (1), item (vi), if information certifying the address (including information certifying that there is a change, error, or omission regarding an address; the same applies hereinafter in this Article) is required along with application information pursuant to the provisions of the same item, if the applicant provides the information specified by Ordinance of the Ministry of Justice along with the application information, there is no requirement to provide information certifying the address along with the application information.
Chapter III Procedures for Applying for a Registration by Means of an Electronic Data Processing System
(Means of Providing Attached Information)
Article 10If an applicant applies for a registration by means of an electronic data processing system (meaning by means of an electronic data processing system provided for in the provisions of Article 18, item (i) of the Act; the same shall apply hereinafter), the applicant shall transmit any attached information together with the application information pursuant to the provisions of Ordinance of the Ministry of Justice.
(Transmission of Information in Lieu of a Certificate of Registered Matters)
Article 11If an applicant applies for registration by means of an electronic data processing system and if a certificate of registered matters is also required to be provided, the applicant shall transmit, pursuant to Ordinance of the Ministry of Justice, the information necessary for the registrar to receive the transmission of the registration information provided for in Article 2, paragraph (1) of the Act on Provision of Registration Information through Telecommunication Lines (Act No. 226 of 1999) from the designated corporation provided for in Article 3, paragraph (2) of the same Act in lieu of providing a certificate of registered matters.
(Electronic Signatures)
Article 12(1)If an applicant applies for a registration by means of an electronic data processing system, the applicant, or the representative or an agent of the applicant, shall affix an electronic signature (meaning an electronic signature provided for in Article 2, paragraph (1) of the Act on Electronic Signatures and Certification Business (Act No. 102 of 2000); the same applies hereinafter) to the application information.
(2)If the applicant applies for a registration by means of an electronic data processing system, the attached information must bear the electronic signature of the person who prepared the attached information.
(Special Provisions on Attached Information for the Registration of a Description)
Article 13(1)Notwithstanding the provisions of paragraph (2) of the preceding Article, when an applicant applies for the registration of a description by means of an electronic data processing system, if the attached information (excluding that prepared by the applicant, or a representative or an agent of the applicant, and a land location map, parcel area survey map, servitude plat, building plat, and plan view of each floor) for the application is contained in a document, an electromagnetic record that records the information contained in the document may be used as attached information.When such is the case, the electromagnetic record must bear the electronic signature of the person who prepared the electromagnetic record.
(2)In a case referred to in the preceding paragraph, the applicant shall submit the relevant document to the registrar within a reasonable period of time specified by the registrar.
(Transmission of Electronic Certificates)
Article 14When an applicant applies for a registration by means of an electronic data processing system, if the applicant transmits information to which he/she has affixed his/her electronic signature, he/she shall also transmit an electronic certificate (meaning an electromagnetic record prepared for the purpose of certifying that the information used to verify the person who has affixed the electronic signature is that person's information) specified by Ordinance of the Ministry of Justice.
Chapter IV Procedures for Applying for a Registration by Submitting Documents
(Means of Providing Attached Information)
Article 15If an applicant applies for a registration by submitting documents (meaning the means of submitting documents that set forth the application information (including a magnetic disk on which the whole or part of the application information is recorded as provided for by Ordinance of the Ministry of Justice) to a registry office pursuant to the provisions of Article 18, item (ii) of the Act), the applicant shall submit a document containing the attached information (including a magnetic disk containing the attached information as provided for by Ordinance of the Ministry of Justice if the attached information is prepared in the form of an electromagnetic record) as the attachment to documents containing the application information.When such is the case, the provisions of Article 12, paragraph (2) and the preceding Article apply mutatis mutandis to a case in which a magnetic disk containing the attached information is submitted.
(Affixing a Name and Seal, etc. to Documents Containing Application Information)
Article 16(1)Except in the case specified by Ordinance of the Ministry of Justice, an applicant, or the representative or agent of an applicant, shall affix his/her seal to a document bearing his/her name which contains the application information.
(2)In a case referred to in the preceding paragraph, except in the case specified by Ordinance of the Ministry of Justice, a certificate of the seal impression (limited to one prepared by the mayor of the municipality in which the applicant's domicile is located (including the mayor of a special ward, or to the mayor of a city or a ward in the case of a designated city as set forth in Article 252-19, paragraph (1) of the Local Autonomy Act; the same applies in paragraph (1) of the following Article) or a registrar; the same applies hereinafter) of the person who affixed his/her seal to the document bearing his/her name (excluding a privately appointed agent) pursuant to the provisions of the same paragraph, must be attached to the document that contains the application information.
(3)The certificate of the seal impression provided for in the preceding paragraph must be one that has been prepared within the past three months.
(4)The provisions of paragraph (2) do not apply to a document containing the information under commission if a registration is commissioned by a government agency or public office.
(5)The provisions of Article 12, paragraph (1) and Article 14 apply mutatis mutandis to when an applicant applies for a registration by submitting a magnetic disk containing the whole of the application information pursuant to Ordinance of the Ministry of Justice.
(Time Limitations, etc. on Documents Containing Information That Certifies the Capacity of the Representative)
Article 17(1)The document containing the information listed in Article 7, paragraph (1), item (i) or (ii), which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties, must be one that has been prepared within the past three months.
(2)The provisions of the preceding paragraph do not apply if a registration is commissioned by the government agency or public office.
(Affixing a Name and Seal, etc. to a Document Containing Information Certifying the Authority of the Agent)
Article 18(1)If an applicant applies for a registration through a privately appointed agent, except in a case provided for by Ordinance of the Ministry of Justice, the applicant or a representative of the applicant shall affix his/her seal to a document bearing his/her name which contains information certifying the authority of the agent.The same applies to an agent if the applicant applies through a sub-agent.
(2)In a case under the preceding paragraph, except in a case provided for by Ordinance of the Ministry of Justice, a certificate of the seal impression of the person who has affixed his/her seal (excluding a privately appointed agent) to a document bearing his/her name pursuant to the same paragraph, must be attached to the document containing information that certifies the authority of the agent (including the sub-agent).
(3)The certificate of the seal impression provided for in the preceding paragraph, must be one that has been prepared within the past three months.
(4)The provisions of paragraph (2) do not apply if a registration is commissioned by the government agency or public office.
(Affixing a Name and Seal, etc. to a Document Containing Information That Certifies Approval)
Article 19(1)Except in a case provided for by Ordinance of the Ministry of Justice, the person who prepares a document containing information that certifies the consent or approval which must be provided along with the application information pursuant to the provisions of Article 7, paragraph (1), item (v), (c) or item (vi), or the provisions of other laws and regulations, shall affix his/her seal to the document, which must also bear his/her name.
(2)Except if the document provided for in the preceding paragraph is prepared by a government agency or public office or in a case provided for by Ordinance of the Ministry of Justice, the certificate of the seal impression of a person who affixes his/her seal to the document bearing his/her name pursuant to the provisions of the preceding paragraph, must be attached to the document.
Chapter V Miscellaneous Provisions
(Cases in Which a Registration May Not Be Effected)
Article 20The cases specified by Cabinet Order as cases in which a registration may not be effected which are referred to in Article 25, item (xiii) of the Act are as follows:
(i)when the purpose of the application is the registration of something other than real property;
(ii)when the person who would become a heading-section owner or registered holder under the registration for which the application is filed (excluding the predecessor provided for in (b) of the application information column in row 12 of the appended table and the person entitled to register provided for in Article 3, item (xi), (c)) does not have legal capacity to hold rights;
(iii)when the application is for a registration that may not be effected, pursuant to the provisions of Article 32, Article 41, Article 56, Article 73, paragraph (2) or (3), Article 80, paragraph (3) or Article 92 of the Act;
(iv)when the purpose of the application is the registration of part of a single real property (excluding the registration of a servitude with regard to servient land);
(v)when the right subject to registration under the application would be established on the whole or part of another right, if the relevant whole or part of the other right has not been registered;
(vi)when two or more applications are filed simultaneously with regard to the same real property (including when they are deemed to be filed simultaneously pursuant to Article 19, paragraph (2) of the Act), if the rights subject to the registrations under the applications contradict each other;
(vii)when the right subject to registration under the application contradicts a right subject to a registration that has already been effected with regard to the same real property; and
(viii)in addition to what is provided for in the preceding items, when it is obvious, from the application information, attached information, or registration records, that the registration under the application would be invalid pursuant to the provisions of the Civil Code or other laws and regulations.
(Drawings of Which Any Person May Request a Copy)
Article 21(1)The drawings specified by Cabinet Order which are referred to in Article 121, paragraph (1) of the Act are land location maps, parcel area survey maps, servitude plats, building plats, and plan views of each floor.
(2)The drawings specified by Cabinet Order which are referred to in Article 149, paragraph (1) of the Act are survey maps prepared by a parcel boundary examiner and other drawings prepared based on a survey or field investigation during the process of parcel boundary demarcation (excluding drawings provided for in Article 143, paragraph (2) of the Act).
(Certification Regarding Information That Identifies the Registration)
Article 22(1)A registered holder or his/her heir or other general successor may pay a fee and request certification of the validity of the information that identifies the registration and other certifications regarding the information that identifies the registration from the registrar.
(2)The provisions of Article 119, paragraph (3) and paragraph (4) of the Act apply mutatis mutandis to a request provided for in the preceding paragraph.
(3)In addition to what is provided for in the preceding two paragraphs, necessary matters concerning the certification provided for in paragraph (1) shall be specified by Ordinance of the Ministry of Justice.
(Commissioning of Registrations)
Article 23The provisions of the Act that involve applications for registration pursuant to this Cabinet Order (excluding Article 2, item (vii)) include cases in which those provisions apply mutatis mutandis pursuant to Article 16, paragraph (2) of the Act and, in this Cabinet Order, the terms "application," "applicant," and "application information" include commission, the person who commissions the registration, and information under commission, respectively.
(Delegation to Ordinance of the Ministry of Justice)
Article 24In addition to what is provided for in this Cabinet Order, necessary matters for the enforcement of the Act and this Cabinet Order are specified by Ordinance of the Ministry of Justice.
(Application Information for Registering a Change of Right as a Result of a Former Division of a Revolving Mortgage)
Article 4If an applicant applies for the registration of a change of a right as a result of a division pursuant to Article 5, paragraph (1) of the Supplementary Provisions of the Act Partially Revising the Civil Code (Act No. 99 of 1971), the matters listed in Article 3, item (i) to item (viii), item (xi), (a), (b) and (d) and item (xii) as well as the matters required to be registered that are listed in Article 83, paragraph (1), item (ii) and (iii) of the Act and Article 88, paragraph (2), item (i) to item (iii) of the Act comprise the application information.
(Special Provisions on the Means of Providing Attached Information)
Article 5(1)Notwithstanding the provisions of Article 10 and Article 12, paragraph (2), when an applicant files an application for a registration by means of an electronic data processing system, if the attached information (excluding information that identifies the registration; the same applies hereinafter) is contained in a document, the applicant may, until otherwise provided for by law, provide the attached information by submitting the document to the registry office.
(2)If the attached information is provided pursuant to the provisions of the preceding paragraph, a statement to that effect is also a part of the application information provided for in Article 18 of the Act.
(3)The provisions of Article 17 and Article 19 apply mutatis mutandis when attached information is provided pursuant to the provisions of paragraph (1) and the provisions of Article 18 apply mutatis mutandis when information that certifies the authority of a privately appointed agent (including a sub-agent) is provided pursuant to the same Article.
(4)When the applicant provides information certifying the cause of a registration by submitting a document pursuant to the provisions of paragraph (1), the applicant shall provide an electromagnetic record on which the information contained in the document is recorded, along with application information pursuant to Ordinance of the Ministry of Justice.When such is the case, the provisions of Article 12, paragraph (2) do not apply.
Row
Registration
Application Information
Attached Information
Matters common to the registration of a description
1
the name or address of the heading-section owner after the change or correction
information certifying that there is a change, error, or omission regarding the name or address of the heading-section owner, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
2
Registration of a correction with respect to a heading-section owner
the name and address of the person who becomes the heading-section owner through the registration, and if there are two or more persons who become the heading-section owners, the share of each person who becomes the heading-section owner
(a) information certifying that the person who becomes the heading-section owner holds ownership
(b) information certifying the address of the person who becomes the heading-section owner, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
(c) information certifying the approval of the heading-section owner which is prepared by the heading-section owner, or information certifying that a judicial decision that may be asserted against the heading-section owner has been issued
3
Registration of a correction with respect to the share of a co-owner who is a heading-section owner
the share of each co-owner after correction
information certifying the approval of the other co-owners whose shares are to be corrected which is prepared by the other co-owners, or information certifying that a judicial decision that may be asserted against the other co-owners has been issued
Registration of a description of land
4
Heading registration for land
(a) land location map
(b) parcel area survey map
(c) information certifying that the person who becomes the heading-section owner holds ownership
(d) information certifying the address of the person who becomes the heading-section owner, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
5
Registration of a change or registration of a correction with respect to land category
the land category after the change or correction
6
Registration of a change or registration of a correction with respect to a parcel area (excluding the registration referred to in row 11)
the parcel area after the change or correction
parcel area survey map
7
Registration of a correction with respect to the matters to be registered which are provided for in Article 38 of the Act (excluding the land category and parcel area)
the said matters to be registered after correction
8
Registration of parcel subdivision
(a) the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land after parcel subdivision is located, and the parcel number, land category, and parcel area of the land
(a) the parcel area survey map of the land after parcel subdivision
(b) when the applicant files an application for the registration of a parcel subdivision with respect to servient land for which a servitude is registered, if the scope of the establishment of the servitude constitutes a portion of the land after parcel subdivision: the scope of the establishment of the servitude
(b) if the applicant files an application for the registration of a parcel subdivision with respect to servient land for which a servitude is registered, if the scope of the establishment of the servitude constitutes a portion of the land after parcel subdivision: information certifying the scope of the establishment of the servitude which is prepared by the person entitled to the servitude or information certifying that a judicial decision that may be asserted a against the person entitled to the servitude has been issued, and the servitude plat
9
Registration of parcel consolidation
(a) the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land after parcel consolidation is located, and the parcel number, land category, and parcel area of the land
if the applicant files an application for the registration of parcel consolidation with respect to servient land for which a servitude is registered, if the scope of the establishment of a servitude constitutes a portion of the land after parcel consolidation: information certifying the scope of the establishment of the servitude which is prepared by the person entitled to the servitude or information certifying that a judicial decision that may be asserted against the person entitled to the servitude has been issued, and the servitude plat
(b) if the applicant files an application for a registration of parcel consolidation with respect to servient land for which a servitude is registered, if the scope of the establishment of the servitude constitutes a portion of the land after parcel consolidation: the scope of the establishment of the servitude
10
Registration of a loss of land (limited to a registration commissioned by the river administrator pursuant to the provisions of Article 43, paragraph (5) of the Act)
a statement to the effect that the registration is commissioned pursuant to the provisions of Article 43, paragraph (5) of the Act
11
Registration of a change with respect to parcel area (limited to a registration commissioned by the river administrator pursuant to the provisions of Article 43, paragraph (6) of the Act)
(a) a statement to the effect that the registration is commissioned pursuant to the provisions of Article 43, paragraph (6) of the Act
the parcel area survey map
(b) the parcel area after the change
Registration of a description of a building
12
Heading registration for a building (excluding the registration referred to in row 13 and row 21)
(a) if there is a right of site for the building or annex building: the following matters
(a) the building plat
1. the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
(b) the plan view of each floor
2. the type and proportion of the right of site
(c) information certifying that the person who becomes the heading-section owner holds ownership
3. the cause of the registration of the right of site and the date thereof
(d) information certifying the address of the person who becomes the heading-section owner, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
(b) if the applicant files the application pursuant to the provisions of Article 47, paragraph (2) of the Act: the name of the predecessor and his/her address at the time of general succession, as well as a statement to the effect that the applicant is the heir or other general successor of the predecessor
(e) when the building or annex building is a condominium unit, if the registered holder of ownership, superficies rights, or a right of lease that is registered on the site of the condominium (meaning the site for a condominium provided for in Article 2, paragraph (5) of the Act on Unit Ownership of Condominiums, etc. (Act No. 69 of 1962; hereinafter referred to as the "Condominium Unit Ownership Act"); hereinafter the same applies) of which the condominium unit is a part is the owner of the condominium unit, and the ownership, superficies right, or right of lease is not categorized as a right of site on the condominium unit by reason of special provisions in the bylaws provided for in the proviso to paragraph (1) of Article 22 of the Condominium Unit Ownership Act (including when it is applied mutatis mutandis pursuant to paragraph (3) of the same Article; hereinafter the same applies) or for other reasons: information certifying those reason(s)
(f) if there is a right of site on the building or annex building: the following matters
1. if the land on which the right of site is established is land that has become the site for a building pursuant to the provisions of Article 5, paragraph (1) of the Condominium Unit Ownership Act: information certifying that the bylaws provided for in the same paragraph have been estabilshed
2. if the right of site is in accordance with the proportion under the bylaws provided for in the proviso to paragraph (2) of Article 22 of the Condominium Unit Ownership Act (including the case where it is applied mutatis mutandis pursuant to paragraph (3) of the same Article; hereinafter the same applies): information certifying that the bylaws have been established
3. if the land on which the right of site is established is located within the jurisdictional district of another registry office: the certificate of registered matters for the land
(g) if the applicant files an application pursuant to the provisions of Article 47, paragraph (2) of the Act: information certifying inheritance or other general succession, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no such information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
13
Registration, etc. by reason of combination (including the registration of an ownership, if any, for which an application is also filed pursuant to the provisions of the second sentence of paragraph (1) of Article 49 of the Act)
(a) if there is a right of site for the building resulting from the combination: the following matters
(a) the building plat
1. the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
(b) the plan view of each floor
2. the type and proportion of the right of site
(c) information certifying that the person who becomes the heading-section owner holds ownership
3. the cause of the registration of the right of site and the date thereof
(d) information certifying the address of the person who becomes the heading-section owner, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
(b) if a building for which ownership has been registered existed prior to the combination: the building number of the building for which there is a registration of ownership, and the date of receipt of the application and the application number , the details of priority, and the name of the registered holder under the relevant registration of ownership
(e) when the building resulting from the combination is a condominium unit, if the registered holder of ownership, superficies rights, or a right of lease that is registered on the site of the condominium of which the condominium unit is a part is the owner of the condominium unit, and the ownership, superficies rights, or right of lease is not categorized as a right of site by reason of special provisions in the bylaws provided for in the proviso to paragraph (1) of Article 22 of the Condominium Unit Ownership Act or for other reasons (excluding when all of two or more buildings that existed prior to the combination are condominium units for which a right of site has not been registered and the building resulting from the combination also becomes a condominium unit for which a right of site is not registered): information certifying the reason(s)
(c) if the registration is for an ownership other than an ownership that has been registered for any of the buildings that existed prior to the combination, or if the registration is for a statutory lien, pledge, or mortgage that remains effective for the building resulting from the combination (hereinafter referred to as a "surviving registration" in this paragraph): the following matters
(f) if there is a right of site for the building after the combination (excluding when all of the two or more buildings that existed prior to the combination are condominium units with a registered right of site and the building resulting from the combination also becomes a condominium unit with a registered right of site (limited to when the total proportion of the registered right of site of all buildings that existed prior to the combination equals the proportion of the registered right of site of the building resulting from the combination)): the following information
1. the building number of the buildings that existed prior to the combination
1. if the land on which the right of site is established is the land that becomes the site for a building pursuant to the provisions of Article 5, paragraph (1) of the Condominium Unit Ownership Act: information certifying that the bylaws provided for in the same paragraph have been established
2. the purpose, date of receipt, and application number, the details of priority, and the name of the registered holder of the surviving registration
2. if the right of site is in accordance with the proportion under the bylaws provided for in the proviso to paragraph (2) of Article 22 of the Condominium Unit Ownership Act: information certifying that the bylaws have been established
3. the right on which the surviving registration is established
3. if the land on which the right of site is established is located within the jurisdictional district of another registry office: the certificate of registered matters for the land
(d) if the registered holder of ownership in a building for which there is a surviving registration and the following person are the same person: the share if these persons were deemed not to be the same person (excluding, in the case of two or more surviving registrations, the share of the registered holder of ownership for which the two or more surviving registrations are made, if the purpose of the registrations, dates of receipts, and application numbers, the causes of the registrations, the dates of registration, and the registered holders of the two or more surviving registrations are respectively identical)
(g) if the share of the building resulting from the combination, which is the same share as in the surviving registration, is registered : information certifying that the registered holder of a right under the surviving registration has approved of the registration and which is prepared by the registered holder, or information certifying that a judicial decision that may be asserted against the registered holder has been issued
1. the owner of any other buildings for which there are no heading registrations prior to the combination
(h) if the right in a surviving registration referred to in (f) is a mortgage for which mortgage securities have been issued: information certifying that the holder or endorser of the mortgage securities has approved of a registration that is the same as the surviving registration and which is prepared by these persons, or information certifying that a judicial decision that may be asserted against these persons has been issued, and said mortgage securities
2. the heading-section owner of any other buildings for which there are heading registrations prior to the combination (excluding a building for which an ownership has been registered)
(i) if the applicant files an application for the registration of ownership pursuant to the provisions of the second sentence of paragraph (2) of Article 49 of the Act: information certifying the address of the person who becomes the registered holder, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if there is no such information prepared by a public officer in the course of his/her duties, any information that may serve as a substitute)
3. the registered holder of ownership in any other building for which ownership has been registered prior to the combination
14
Registration of a change in the heading section for a building pursuant to the provisions of Article 51, paragraph (1) to paragraph (4) of the Act or registration of a correction to the heading section for a building pursuant to the provisions of Article 53, paragraph (1) of the Act (excluding the registration referred to in row 15)
(a) the matters to be registered after a change or correction
(a) in the case of a change or correction to the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), "aza," or parcel number of the land where the building is located, the building plat after the change or correction
(b) where the registration of change or registration of correction pertains to a right of site: the following matters prior to the change or correction
(b) in the case of a change or correction to the floor area: the following matters
1. the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
1. the building plat and plan view of each floor after the change or correction
2. the type and proportion of the right of site
2. if an addition is made to the floor area: information certifying that the heading-section owner or the registered holder of ownership holds ownership in the additional portion of the floor area
3. the cause of the registration of the right of site and the date thereof
(c) if a new annex building is constructed: the building plat and plan view of each floor after the change and information certifying that the heading-section owner or the registered holder of ownership holds ownership in the annex building
(d) if the applicant files an application with respect to a building that has been registered as a common element or as a common element of a housing complex: information certifying the owner of the building
15
Registration of a change to the heading section of a building by reason of the occurrence or extinction of a right of site or registration of the correction to the heading section for a building by reason of the presence or absence of a right of site
(a) the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
(a) if the right of site came into existance through the establishment of the bylaws provided for in Article 5, paragraph (1) of the Condominium Unit Ownership Act: information certifying that the bylaws have been established
(b) the type and proportion of the right of site
(b) if the proprietary elements owned by the unit owner and the right to use the site in connection with these proprietary elements may be separately disposed of as a result of the abolishment of the bylaws referred to in (a): information certifying that the bylaws have been abolished
(c) the cause of the registration of the right of site and the date thereof
(c) if the proprietary elements owned by the unit owner and the right to use the site in connection with these proprietary elements may be separately disposed of by reason of special provisions in the bylaws provided for in the proviso to paragraph (1) of Article 22 of the Condominium Unit Ownership Act or other reasons: information certifying the reason(s)
(d) if a registered right that was not a right of site becomes a right of site by reason of a change in the bylaws referred to in (c) or for other reasons: information certifying the reason(s)
(e) in the cases referred to in (a) and (d): the following information
1. if the right of site is in accordance with the proportion under the bylaws provided for in the proviso to paragraph (2) of Article 22 of the Condominium Unit Ownership Act: information certifying that the bylaws have been established
2. if the land on which the right of site is established is located within the jurisdictional district of another registry office: the certificate of registered matters for the land
16
Registration of a building seperation, registration of the division of a building into units, or registration of the merger of buildings
(a) the matters listed in Article 3, paragraph (8) (excluding (b)) with respect to the building(s) after separation, division into units or merger
(a) the building plat and plan view of each floor of the building(s) after the separation, division into units, or merger
(b) if there is a right of site on any of the building(s) that existed prior to the separation, the division into units, or merger or the building(s) resulting from the separation, division into units, or merger: the following matters in connection with the right of site
(b) if the applicant files an application for the registration of a separation or division into units with respect to a building that has been registered as a common element or as a common element of a housing complex: information certifying the owner of the building
1. the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
(c) if the applicant files an application for the registration of a division into units with respect to a building, and a right of site will exist for the building after its division into units: the following information (excluding 1. and 3. if the applicant files an application for the registration of division into units with respect to a building that is a condominium unit)
2. the type and proportion of the right of site
1. if the land on which the right of site is established is the land that has becomes the site for a building pursuant to the provisions of Article 5, paragraph (1) of the Condominium Unit Ownership Act: information certifying that the bylaws provided for in the same paragraph have been established
3. the cause of the registration of the right of site and the date thereof
2. if the right of site is in accordance with the proportion under the bylaws provided for in the proviso to paragraph (2) of Article 22 of the Condominium Unit Ownership Act: information certifying that the bylaws have been established
3. if the land on which the right of site is established is located within the jurisdictional district of another registry office: the certificate of registered matters for the land
17
Registration of the loss of a building that has been registered as a common element or as a common element of a housing complex
information certifying the owner of the building
18
Registration as a common element
where the building that constitutes the common element of a condominium is made available for common use by the unit owners of buildings that are part of another condominium: the building number of the buildings owned by those unit owners
(a) information certifying that bylaws stipulating the building to be a common element have been established
(b) if a right other than ownership is registered: information certifying the approval of the registered holder of the non-ownership registered right (if the registration of the right is the registration of a mortgage for which mortgage securities have been issued, including the holder or endorser of the mortgage securities), which is prepared by the registered holder, or information certifying that a judicial decision that may be asserted against the registered holder has been issued
(c) if the right referred to in (b) is registered to a third party: information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
(d) if the registered right referred to in (b) is a mortgage for which mortgage securities have been issued: the mortgage securities
19
Registration as a common element of a housing complex
(a) if a building owned by a person who co-owns the common element of a housing complex is not a condominium unit: the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land where the building is located, and the building number of the building
(a) information certifying that bylaws stipulating the building to be a common element of a housing complex have been established
(b) if a building owned by a person who co-owns the common element of a housing complex is a condominium unit: the following matters
(b) if a right other than ownership is registered: information certifying the approval of the registered holder of the non-ownership registered right (if the registration of the right is the registration of a mortgage for which mortgage securities have been issued, including the approval of the holder or endorser of said mortgage securities) which is prepared by the registered holder, or information certifying that a judicial decision that may be asserted against the registered holder has been issued
1. the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the condominium of which the building is a part is located and the parcel number of the land where the condominium is located
(c) if the right referred to in (b) is registered to a third party: information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
2. the structure and floor area or the name of the condominium
(d) if the registered right referred to in (b) is a mortgage for which mortgage securities have been issued: the mortgage securities
20
Registration of a change or registration of a orrection under Article 58, paragraph (5) of the Act
the matters to be registered after the change or correction
(a) information certifying that there is a change, error, or omission
(b) information certifying the owner of the building
21
Heading registration for a building (limited to a registration for which an application is filed pursuant to the provisions of Article 58, paragraph (6) or paragraph (7) of the Act)
if there is a right of site for the building or annex building: the following matters
(a) information certifying that bylaws stipulating the building or annex building to be a common element or a common element of a housing complex have been abolished
(a) the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
(b) information certifying that the person who becomes the heading-section owner holds ownership
(b) the type and proportion of the right of site
(c) information certifying the address of the person who becomes the heading-section owner, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
(c) the cause of the registration of the right of site and the date thereof
(d) if the building or annex building is a condominium unit, the registered holder of ownership, superficies rights, or a right of lease that is registered on the site of the condominium of which the condominium unit is a part is the owner of the condominium unit, and the ownership, superficies rights, or right of lease is not categorized as a right of site for the condominium unit by reason of special provisions in the bylaws provided for in the proviso to paragraph (1) of Article 22 of the Condominium Unit Ownership Act or for other reasons: information certifying those reason(s)
(e) if there is a right of site for the building or annex building: the following matters
1. if the land on which the right of site is established is the land which becomes the site for a building pursuant to the provisions of Article 5, paragraph (1) of the Condominium Unit Ownership Act: information certifying that the bylaws provided for in the same paragraph have been established
2. if the right of site is in accordance with the proportion under the bylaws provided for in the proviso to paragraph (2) of Article 22 of the Condominium Unit Ownership Act: information certifying that the bylaws have been established
3. if the land on which the right of site is established is located within the jurisdictional district of another registry office: the certificate of registered matters for the land
Matters common to the registration of a right
22
Registration of the transfer of a right as a result of inheritance or merger of a corporation under Article 63, paragraph (2) of the Act
information certifying an inheritance or a merger of a corporation , which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute), and other information certifying the cause of the registration
23
Registration of the change or registration of the correction with respect to the name or address of the registered holder
the name or address of the registered holder after change or correction
information certifying that there is a change, error, or omission with respect to the name or address of the registered holder, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
24
Registration of a change or registration of a correction with respect to the name or address of the obligor when mortgage securities are issued (limited to a registration for which an application is independently filed by the obligor pursuant to the provisions of Article 64, paragraph (2) of the Act)
the name or address of the obligor after the change or correction
information certifying that there is a change, error, or omission with regard to the name or address of the obligor, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
25
Registration of a change or registration of a correction to a right (excluding the registration referred to in row 24 and row 36)
the matters to be registered after the change or correction
(a) information certifying the cause of the registration
(b) if the applicant files an application for the registration of a change or correction to a right in the form of an accessory registration and there is a third party with an interest in the registration (including a holder or endorser of mortgage securities with an interest in the registration of the change or registration of the correction to the right): information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
(c) if the third party referred to in (b) is the holder or endorser of the mortgage securities: the mortgage securities
(d) if the applicant files an application for the registration of a change or correction with respect to a mortgage for which mortgage securities are issued: the mortgage securities
26
Cancellation of the registration of a right (excluding the registration referred to in row 37 and row 70)
イ 法第六十九条の規定により登記権利者が単独で申請するときは、人の死亡又は法人の解散を証する市町村長、登記官その他の公務員が職務上作成した情報 (a) if a the person who is entitled to register independently files an application pursuant to the provisions of Article 69 of the Act: information certifying the death of the relevant person or the dissolution of the relevant corporation, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties
(b) if a person who is entitled to register independently files an application pursuant to the provisions of Article 70, paragraph (2) of the Act: information certifying that an order of nullification of a right provided for in Article 148, paragraph (1) of the Non-Contentious Cases Procedure Act (Act No. 14 of 1898) has been issued
(c) if a person who is entitled to register independently files an application to cancel a registration with regard to a statutory lien, pledge, or mortgage pursuant to the provisions of the first sentence of paragraph (3) of Article 70 of the Act: the following information
1. the claim instrument and information certifying that the secured claim and periodic payments including interest in the most recent two years (including damages arising from default) have been fully performed
2. information certifying that the location of the person who is obliged to register is unknown
(d) if a person who is entitled to register independently files an application to cancel a registration with respect to a statutory lien, pledge, or mortgage pursuant to the provisions of the second sentence of paragraph (3) of Article 70 of the Act: the following information
1. information certifying the due date for performance of the secured claim
2. information certifying that money equivalent to the total of the amounts of the secured claim, interest thereon, and damages arising from default have been deposited after twenty years have passed since the due date referred to in 1.
3. information certifying that the location of the person who is obliged to register is unknown
(e) for an application other than those referred to in (a) to (d): information certifying the cause of the registration
(f) if there is a third party with an interest in the registration (including a holder or endorser of mortgage securities with an interest in the cancellation of the registration): information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
(g) if the third party referred to in (f) is the holder or endorser of mortgage securities: the mortgage securities
(h) if the applicant applies to cancel a registration with respect to a mortgage for which mortgage securities are issued: the mortgage securities
(i) if the applicant applies to cancel the registration of the issu ance of mortgage securities: the mortgage securities or information certifying that an order of nullification declaring the mortgage securities to be invalid pursuant to the provisions of Article 160, paragraph (1) of the Non-Contentious Cases Procedures Act has been issued
27
Restoration of a canceled registration
the matters to be registered for the registration to be restored
(a) information certifying the cause of the registration
(b) if there is a third party with an interest in the registration (including a holder or endorser of mortgage securities with an interest in the restoration of the registration): information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
(c) if the third party referred to in (b) is the holder or endorser of mortgage securities: the mortgage securities
Registration with respect to ownership
28
Registration to preserve rights of ownership (limited to a registration for which an application is filed by the person listed in the items of paragraph (1) of Article 74 of the Act)
(a) under which item of paragraph (1) of Article 74 of the Act that the applicant falls
(a) if the application is filed by the heiror other general successor of the heading-section owner: information certifying the succession by inheritance or other general succession (limited to that containing information prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute))
(b) if the application with respect to a building for which there is no heading registration is filed by the person listed in Article 74, paragraph (1), item (ii) or item (iii) of the Act, if the building for which there is no heading registration is a condominium unit with the registered right of site: the following matters
(b) if the application is filed by the person listed in Article 74, paragraph (1), item (ii) of the Act: information certifying that ownership has been confirmed by a final and binding judgment (including a document that has the same effect as a final and binding judgment)
1. the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
(c) if the application is filed by the person listed in Article 74, paragraph (1), item (iii) of the Act: information certifying that ownership has been acquired by reason of expropriation (limited to that containing information certifying that the determination of the expropriation remains valid)
2. the type and proportion of the right of site
(d) information certifying the address of the person who becomes the registered holder, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
(e) if an application with respect to land for which there is no heading registration is filed by the person listed in Article 74, paragraph (1), item (ii) or item (iii): the land location map and parcel area survey map of the land
(f) if an application with respect to a building for which there is no heading registration is filed by the person listed in Article 74, paragraph (1), item (ii) or item (iii): the building plat and plan view of each floor of the building
(g) in the case referred to in (f) (limited to when the building is one for which there is no heading registration), if the registered holder of ownership, superficies rights, or a right of lease that is registered on the site of the condominium of which the condominium unit is a part is the owner of the condominium unit, and the ownership, superficies rights, or right of lease is not categorized as a right of site for the condominium unit by reason of special provisions in the bylaws provided for in the proviso to paragraph (1) of Article 22 of the Condominium Unit Ownership Act or for other reasons: information certifying those reason(s)
(h) in the case referred to in (f), if the building for which there is no heading registration is a condominium unit with a registered right of site: the following information
1. if the land on which the right of site is established is the land that has become the site for a building pursuant to the provisions of Article 5, paragraph (1) of the Condominium Unit Ownership Act: information certifying that the bylaws provided for in the same paragraph have been established
2. if the right of site is in accordance with the proportion under the bylaws provided for in the proviso to paragraph (2) of Article 22 of the Condominium Unit Ownership Act: information certifying that the bylaws have been established
3. if the land on which the right of site is established is located within the jurisdictional district of another registry office: the certificate of registered matters for the land
29
Registration to preserve rights of ownership (limited to a registration for which an application is filed by a person who has acquired ownership from the heading-section owner pursuant to the provisions of Article 74, paragraph (2) of the Act)
a statement to the effect that the person is applying for registration pursuant to the provisions of Article 74, paragraph (2) of the Act
(a) if the building is a condominium unit for which there is no right of site: information certifying that the applicant has obtained ownership of the condominium unit from the heading-section owner, which is prepared by the heading-section owner or the heir or other general successor of the heading-section owner
(b) if the building is a condominium unit with a registered right of site: information certifying the cause of the registration and information certifying the approval of the registered holder of the right of site, prepared by the registered holder
(c) information certifying the address of the person who becomes the registered holder, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
30
Registration of a transfer of ownership
(a) information certifying the cause of the registration
(b) information certifying the address of the person who becomes the registered holder, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties (if no information prepared by a public officer in the course of his/her duties exists, any information that may serve as a substitute)
31
Registration of a restriction on the disposal of ownership with respect to land for which there is no heading registration
(a) information certifying the cause of the registration
(b) the land location map and parcel area survey map of the land
32
Registration of a restriction on the disposal of ownership with respect to a building for which there is no heading registration
if the building for which there is no heading registration is a condominium unit with a registered right of site: the following information
(a) information certifying the cause of the registration
(a) the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land over which the right of site is established is located, and the parcel number, land category, and parcel area of the land
(b) the building plat and plan view of each floor of the building for which there is no heading registration
(b) the type and proportion of the right of site
(c) if the building for which there is no heading registration is a condominium unit, the registered holder of ownership, superficies rights, or a right of lease that is registered on the site of the condominium of which the condominium unit is a part is the owner of the condominium unit, and the ownership, superficies rights, or right of lease is not categorized as a right of site for the condominium unit by reason of special provisions in the bylaws provided for in the proviso to paragraph (1) of Article 22 of the Condominium Unit Ownership Act or other reasons: information certifying the reason(s)
(c) the cause of the registration of the right of site and the date thereof
(d) if the building for which there is no heading registration is a condominium unit with a registered right of site: the following information
1. if the land on which the right of site is established is the land that has become the site for a building pursuant to the provisions of Article 5, paragraph (1) of the Condominium Unit Ownership Act: information certifying that the bylaws provided for in the same paragraph have been established
2. if the right of site is in accordance with the proportion under the bylaws provided for in the proviso to paragraph (2) of Article 22 of the Condominium Unit Ownership Act: information certifying that the bylaws have been established
3. if the land on which the right of site is established is located within the jurisdictional district of another registry office: the certificate of registered matters for the land
Registration of usufruct
33
Registration of the creation of a superficies right
the matters to be registered which are listed in the items of Article 78 of the Act
(a) in the creation of a superficies right for which the provisions provided for in the first sentence of Article 22 of the Act on Land and Building Leases (Act No. 90 of 1991) exist: the document provided for in the second sentence of the same Article and other information certifying the cause of the registration (excluding when an enforceable authenticated copy of the judgment document of a final and binding judgment is submitted as information certifying the cause of the registration)
(b) in the creation of a superficies right equivalent to the land lease right provided for in Article 23, paragraph (1) or paragraph (2) of the Act on Land and Building Leases: a transcript of the notarial deed provided for in paragraph (3) of the same Article (excluding when an enforceable authenticated copy of the judgment document of a final and binding judgment is submitted as information certifying the cause of the registration)
(c) in a case other than the creation of a superficies right referred to in (a) and (b): information certifying the cause of the registration
34
Registration of the creation of a farming right
the matters to be registered which are listed in the items of Article 78 of the Act
information certifying the cause of registration
35
Registration of a servitude in relation to servient land
the matters to be registered which are listed in the items of paragraph (1) of Article 80 of the Act (for matters to be registered which are listed in item (i) of the same paragraph: the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the servient land is located and the parcel number, land category, and parcel area of the servient land
(a) information certifying the cause of the registration
(b) if the scope of the establishment of the servitude constitutes a portion of the servient land: the servitude drawing
(c) if the servient land is located within the jurisdictional district of another registry office: a certificate of registered matters for the servient land
36
Registration of a change or registration of a correction to a servitude
the matters to be registered which are listed in the items of paragraph (1) of Article 80 of the Act after a change or correction (for the matters to be registered which are listed in item (i) of the same paragraph: the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the servient land is located and the parcel number, land category, and parcel area of the servient land)
(a) information certifying the cause of the registration
(b) if the applicant files an application for the registration of a change or correction to the scope of the establishment of a servitude, and the scope of the establishment of the servitude after the change or correction constitutes a portion of the servient land: the servitude drawing
(c) if the servient land is located within the jurisdictional district of another registry office: certificate of registered matters for the servient land
(d) if the applicant files an application for the registration of a change or correction to a servitude in the form of an accessory registration and there is a third party with an interest in the registration (including a holder or endorser of mortgage securities with an interest in the registration of the change or registration of the correction to the servitude): information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
(e) if the third party referred to in (d) is the holder or endorser of mortgage securities: the mortgage securities
37
Cancellation of a registration of a servitude
(a) information certifying the cause of the registration
(b) if the servient land is located within the jurisdictional district of another registry office: a certificate of registered matters for the servient land
(c) if there is a third party with an interest in the registration (including a holder or endorser of mortgage securities with an interest in the cancellation of the registration): information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
(d) if the third party referred to in (c) is the holder or endorser of mortgage securities: the mortgage securities
38
Registration of the creation of a right of lease
the matters to be registered which are listed in the items of Article 81 of the Act
(a) in the creation of a right of lease for which the provisions provided for in the first sentence of Article 22 of the Act on Land and Building Leases exist: the document provided for in the second sentence of the same Article and other information certifying the cause of the registration (excluding when an enforceable authenticated copy of the judgment document of a final and binding judgment is submitted as information certifying the cause of the registration)
(b) in the creation of a right of lease equivalent to the land lease right provided for in Article 23, paragraph (1) or paragraph (2) of the Act on Land and Building Leases: a transcript of the notarial deed provided for in paragraph (3) of the same Article (excluding when an enforceable authenticated copy of the judgment document of a final and binding judgment is submitted as information certifying the cause of the registration)
(c) in the creation of a right of lease for which the provisions provided for in the first sentence of paragraph (1) of Article 38 of the Act on Land and Building Leases exist: the document provided for in the first sentence of the same paragraph (excluding when an enforceable authenticated copy of the judgment document of a final and binding judgment is submitted as information certifying the cause of the registration)
(d) in the creation of a right of lease for which the provisions provided for in the provisions of Article 39, paragraph (1) of the Act on Land and Building Leases exist: the document provided for in paragraph (2) of the same Article and other information certifying the cause of the registration (excluding when an enforceable authenticated copy of the judgment document of a final and binding judgment is submitted as information certifying the cause of the registration)
(e) in the creation of a right of lease for which the provisions provided for in Article 56 of the Act on the Securement of a Stable Supply of Housing for the Elderly (Act No. 26 of 2001) exist: the document provided for in the same Article (excluding when an enforceable authenticated copy of the judgment document of a final and binding judgment is submitted as information certifying the cause of the registration)
(f) in a case other than the creation of a right of lease referred to in (a) to (e): information certifying the cause of the registration
39
Registration of a sublease on a leased object
the matters to be registered which are listed in the items of Article 81 of the Act
(a) information certifying the cause of the registration
(b) information certifying that the lessor has given his/her approval for the leased object to be subleased, which is prepared by the lessor, or information certifying that permission has been given in lieu of the approval provided for in the first sentence of paragraph (1) of Article 19 of the Act on Land and Building Leases (excluding a provision permitting the sublease of the leased object has been registered)
40
Registration of the transfer of a right of lease
(a) information certifying the cause of the registration
(b) information certifying that the lessor has approved the assignment of the right of lease, which is prepared by the lessor, or information certifying that permission has been given in lieu of the approval provided for in the first sentence of paragraph (1) of Article 19 or the first sentence of paragraph (1) of Article 20 of the Act on Land and Building Leases (excluding when a provision permitting the assignment of the right of lease has been registered)
41
Registration of the creation of a quarrying right
the matters to be registered which are listed in the items of Article 82 of the Act
information certifying the cause of registration
Registration of a security interest, etc.
42
Registration to preserve a statutory lien (excluding the registration referred to in row 43 and row 44)
information certifying the cause of registration
(b) if, after a registration has been made to preserve a statutory lien that is established on the right to a single piece of real property or two or more pieces of real property, the applicant files an application for a registration to preserve a statutory lien that is established on the right to another single piece of real property or two or more pieces of real property to secure the same claim: the following matters regarding the former registration (if there is an inventory of joint security for the former registration at the registry office with which the application is filed, the matters specified by Ordinance of the Ministry of Justice)
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located, and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
43
Registration to preserve a statutory lien on construction work for real property when a new building is constructed
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (iii)) (the amount of the claim secured provided for in item (i) of the same paragraph is the estimated amount of the construction costs)
(a) information certifying the cause of the registration
(b) the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the new building that will be constructed is to be located and the parcel number of the land where the new building will be located (for a building that will be a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the condominium of which the building is a part will be located, and the parcel number of the land where the condominium will be located)
(b) information certifying the contents of the specifications (including the drawings) of the new building that will be constructed
(c) the type, structure and floor area of the new building that will be constructed
(d) if the new building that will be constructed has an annex building: the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the annex building will be located and the parcel number of the land where the annex building will be located (for an annex building that will be a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the condominium of which the annex building is a part will be located, and the parcel number of the land where the condominium will be located), and the type, structure and floor area of the annex building
(e) if the new building that will be constructed or the new annex building that will be constructed is a condominium unit: the structure and floor area of the condominium of which the building or annex building is a part
(f) a statement to the effect that the type, structure, and floor area of the building referred to in (c) to (e) are in accordance with the specification
44
Registration to preserve a statutory lien on construction work for real property when a new annex building is being constructed for a building for which ownership has been registered
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (iii)) (the amount of the claim secured provided for in item (i) of the same paragraph is the estimated amount of the construction costs)
(a) information certifying the cause of the registration
(b) the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the new annex building will be located and the parcel number of the land where the new annex building will be located (for an annex building that will be a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the condominium of which the annex building is a part will be located, and the parcel number of the land where the condominium will be located)
(b) information certifying the contents of the specification (including the drawings) of the new annex building that will be constructed
(c) the type, structure, and floor area of the new annex building that will be constructed
(d) if the new annex building that will be constructed is a condominium unit: the structure and floor area of the condominium of which the annex building is a part
(e) a statement to the effect that the type, structure, and floor area of the building referred to in (c) and (d) are in accordance with the specification
45
Registration of the transfer of a statutory lien when part of a secured claim is assigned or paid by subrogation
the amount of the part of the claim assigned or paid by subrogation
information certifying the cause of registration
46
Registration of the creation of a pledge (excluding a revolving pledge; the same applies hereinafter in this row) or a sub-pledge
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (if any of the matters to be registered which are set forth in item (iv) of the same paragraph exist for real property that is located within the jurisdictional district of another registry office, this includes the matters listed in Article 3, item (vii) and item (viii) with respect to the real property)
information certifying the cause of the registration
(b) the matters to be registered which are listed in the items of paragraph (1) of Article 95 of the Act
(b) if, after the creation of a pledge or a sub-pledge on a right to a single piece of real property or two or more pieces of real property has been registered, the applicant files an application for the registration of the creation of a pledge or sub-pledge on a right to another single piece of real property or two or more pieces of real property to secure the same claim: the following matters regarding the former registration (if there is an inventory of joint security for the former registration at the registry office with which the application is filed, the matters specified by Ordinance of the Ministry of Justice)
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located, and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
47
Registration of the creation of a revolving pledge
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (i))
(a) information certifying the cause of the registration
(b) the matters to be registered which are listed in the items of paragraph (1) of Article 95 of the Act
(b) if, after the creation of a revolving pledge on a right to a single piece of real property or two or more pieces of real property has been registered (limited to one for which the registration provided for in Article 398-16 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act has been made), the applicant files an application for the registration ofthe creation of a revolving pledge on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code, if a registration exists for real property that is located within the jurisdictional district of another registry office in the former registration: the certificate of registered matters with regard to the former registration
(c) the matters to be registered which are listed in the items of paragraph (2) of Article 88 of the Act as applied mutatis mutandis pursuant to Article 95, paragraph (2) of the Act
(d) for the registration provided for in Article 398-16 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act: a statement to the effect that the registration is the registration provided for in Article 398-16 of the same Act
(b) if, after the creation of a revolving pledge that is established on a right to a single piece of real property or two or more pieces of real property has been registered (limited to one for which the registration provided for in Article 398-16 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act has been made), the applicant files an application for the registration of the creation of a revolving pledge on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code: the following matters with respect to the former registration
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located, and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
4. if an inventory of joint security exists at the registry office with which the application is filed: the matters specified by Ordinance of the Ministry of Justice
48
Registration of the transfer of a pledge or sub-pledge when part of a secured claim is assigned or paid by subrogation
the amount of the part of the claim assigned or paid by subrogation
information certifying the cause of the registration
49
Registration when a pledge is used to secure other claims, or assigned or waived as provided for in the provisions of Article 376, paragraph (1) of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (i) of the same paragraph for registration of a disposition for a revolving pledge) (if any of the matters to be registered which are set forth in item (iv) of the same paragraph exist for real property that is located within the jurisdictional district of another registry office, this includes the matters listed in Article 3, item (vii) and item (viii) with respect to the real property)
(a) information certifying the cause of the registration
(b) the matters to be registered which are listed in the items of paragraph (1) of Article 95 of the Act
(b) if, after the creation of a revolving pledge on a right to a single piece of real property or two or more pieces of real property has been registered (limited to one for which the registration provided for in Article 398-16 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act has been made), the applicant files an application for the registration of the disposition of a revolving pledge on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code, if a registration has been made for real property that is located within the jurisdictional district of another registry office in the former registration: the certificate of registered matters for the former registration
(b) if, after the creation of a pledge (excluding a sub-pledge) on a right to a single piece of real property or two or more pieces of real property has been registered, the applicant files an application for the registration of the disposition of a pledge (excluding a revolving pledge) on a right to another single piece of real property or two or more pieces of real property to secure the same claim: the following matters regarding the former registration (if there is an inventory of joint security for the former registration at the registry office with which the application is filed, the matters specified by Ordinance of the Ministry of Justice)
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located, and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
(d) to register the disposition of a revolving pledge, the matters to be registered which are listed in the items of paragraph (2) of Article 88 of the Act as applied mutatis mutandis pursuant to Article 95, paragraph (2) of the Act
(e) for the registration provided for in Article 398-16 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act: a statement to the effect that the registration is the registration provided for in Article 398-16 of the same Act
(f) if, after the creation of a revolving pledge on a right to a single piece of real property or two or more pieces of real property has been registered (limited to one for which the registration provided for in Article 398-16 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act has been made), the applicant files an application for the registration of the disposition of a revolving pledge on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code is filed: the following matters with respect to the former registration
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located, and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
4. if an inventory of joint security exists at the registry office with which the application is filed: the matters specified by Ordinance of the Ministry of Justice
50
Registration of subrogation pursuant to the provisions of Article 393 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act
(a) the right to real property due to which the senior pledgee has received payment, the value of the real property, and the amount of payment received
information certifying the cause of the registration
(b) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (i) of the same paragraph when a revolving pledge is registered) (if any of the matters to be registered which are set forth in item (iv) of the same paragraph exist for real property that is located within the jurisdictional district of another registry office, this includes the matters listed in Article 3, item (vii) and item (viii) with respect to the real property)
(c) the matters to be registered which are as listed in the items of paragraph (1) of Article 95 of the Act
(d) for athe registration of a revolving pledge, the matters to be registered which are as listed in the items of paragraph (2) of Article 88 of the Act as applied mutatis mutandis pursuant to Article 95, paragraph (2) of the Act
51
Registration when a revolving pledge is divided and assigned pursuant to the provisions of Article 398-12, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act
(a) the date of receipt and the application number for the registration of the creation of the revolving pledge and the cause of the registration and the date thereof
information certifying the cause of the registration
(b) the name and address of the obligor of the revolving pledge before the division and the scope of the claims to be secured
(c) the maximum amount of each revolving pledge after the division
(d) if the special provisions pursuant to the proviso to Article 370 of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act or provisions on the date on which the principal secured is to be fixed have been registered for the revolving pledge before the division: such provisions
(e) if an inventory of joint security exists for the revolving pledge before the division, the matters specified by Ordinance of the Ministry of Justice
52
Registration when the principal to be secured by a revolving pledge has been fixed pursuant to the provisions of Article 398-19, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act (limited one for which the registered holder independently files an application pursuant to the provisions of Article 93 of the Act as applied mutatis mutandis pursuant to Article 95, paragraph (2) of the Act)
information certifying that the request has been made pursuant to the provisions of Article 398-19, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act
53
Registration when the principal to be secured by a revolving pledge has been fixed pursuant the provisions of Article 398-20, paragraph (1), item (iii) of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act (limited to one for which the registered holder independently files an application pursuant to the provisions of Article 93 of the Act as applied mutatis mutandis pursuant to Article 95, paragraph (2) of the Act)
information certifying that the notice was given as provided for in Article 49, paragraph (2) of the Civil Executive Act (Act No. 4 of 1979) (including when it is applied mutatis mutandis pursuant to Article 188 of the same Act) or that the notice was issued pursuant to the provisions of Article 55 of the National Tax Collection Act (Act No. 147 of 1959) (including when the same rules as those prescribed in the same Article are applied)
54
Registration when the principal to be secured by a revolving pledge has been fixed pursuant to the provisions of Article 398-20, paragraph (1), item (iv) of the Civil Code as applied mutatis mutandis pursuant to Article 361 of the same Act (limited to one for which the registered holder independently files an application pursuant to the provisions of Article 93 of the Act as applied mutatis mutandis pursuant to Article 95, paragraph (2) of the Act)
information certifying that an order for the commencement of bankruptcy proceedings has been issued against the obligor or the revolving pledgor
55
Registration of the creation of a mortgage (excluding a revolving mortgage; the same applies hereinafter in this row)
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (if any of the matters to be registered which are set forth in item (iv) of the same paragraph exist for real property that is located within the jurisdictional district of another registry office, this includes the matters listed in Article 3, item (vii) and item (viii) with respect to the real property)
information certifying the cause of the registration
(b) the matters to be registered which are listed in the items of paragraph (1) of Article 88 of the Act
(c) if, after the creation of a mortgage on a right to a single piece of real property or two or more pieces of real property has been registered, the applicant files an application for the registration of the creation of a mortgage on a right to another single piece of real property or two or more pieces of real property to secure the same claim: the following matters with respect to the former registration (if an inventory of joint security exists for the former registration at the registry office at which the application is filed, the matters specified by Ordinance of the Ministry of Justice)
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located, and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
56
Registration of the creation of a revolving mortgage
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (i))
(a) information certifying the cause of the registration
(b) the matters to be registered which are listed in the items of paragraph (2) of Article 88 of the Act
(b) if, after the creation of a revolving mortgage on a right to a single piece of real property or two or more pieces of real property (limited to one for which the registration provided for in Article 398-16 of the Civil Code has been made), the applicant files an application for the registration of the creation of a revolving mortgage on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code, if a registration has been made for real property that is located within the jurisdictional district of another registry office in the former registration: the certificate of registered matters in the former registration
(c) for the registration provided for in Article 398-16 of the Civil Code: a statement to the effect that the registration is the registration provided for in the same Article
(d) if, after the creation of a revolving mortgage on a right to a single piece of real property or two or more pieces of real property has been registered (limited to one for which the registration provided for in Article 398-16 of the Civil Code has been made), the applicant files an application for the registration of the creation of a revolving mortgage on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code: the following matters with respect to the former registration
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located, and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
4. if an inventory of joint security exists at the registry office with which the application is filed: the matters specified by Ordinance of the Ministry of Justice
57
Registration of the transfer of a mortgage when part of a secured claim is assigned or paid by subrogation
the amount of the part of the claim assigned or paid by subrogation
information certifying the cause of the registration
58
Registration when a mortgage is applied to secure other claims, or assigned or waived as provided for in the provisions of Article 376, paragraph (1) of the Civil Code
(a) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (i) of the same paragraph if a disposition for a revolving mortgage is registered) (if any of the matters to be registered set forth in item (iv) of the same paragraph exist for real property that is located within the jurisdictional district of another registry office, this includes the matters listed in Article 3, item (vii) and item (viii) with respect to the real property)
(a) information certifying the cause of the registration
(b) for the registration of a mortgage (excluding a revolving mortgage; the same applies in (c)): the matters to be registered which are listed in the items of paragraph (1) of Article 88 of the Act
(b) if, after the creation of a revolving mortgage on a right to a single piece of real property or two or more pieces of real property has been registered (limited to one for which the registration provided for in Article 398-16 of the Civil Code has been made), the applicant files an application for the registration of the disposition of a revolving mortgage on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code, if a registration has been made for real property that is located within the jurisdictional district of another registry office in the former registration: the certificate of registered matters for the former registration
(c) if, after the creation of a mortgage on a right to a single piece of real property or two or more pieces of real property has been registered,the applicant files an application for the registration of the disposition of a mortgage on a right to another single piece of real property or two or more pieces of real property to secure the same claim: the following matters with regard to the former registration (if there is an inventory of joint security for the former registration at the registry office at that the application is filed, the matters specified by Ordinance of the Ministry of Justice)
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
(d) if the disposition of a revolving mortgage is registered: the matters to be registered which are listed in the items of paragraph (2) of Article 88 of the Act
(e) for the registration provided for in Article 398-16 of the Civil Code: a statement to the effect that the registration is the registration provided for in the same Article
(f) if, after the creation of a revolving mortgage on a right to a single piece of real property or two or more pieces of real property has been registered (limited to one for which the registration provided for in Article 398-16 of the Civil Code has been made), the applicant files an application for the registration of the disposition of a revolving mortgage on a right to another single piece of real property or two or more pieces of real property to secure the same claim, and applies for the registration provided for in Article 398-16 of the Civil Code: the following matters with respect to the former registration
1. for land, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the land is located and the parcel number of the land
2. for a building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura"), and "aza" where the building is located, the parcel number of the land, and the building number of the building
3. the details of priority
4. if an inventory of joint security exists at the registry office with which the application is filed: the matters specified by Ordinance of the Ministry of Justice
59
Registration of subrogation as provided for in the provisions of Article 393 of the Civil Code
(a) the right to real property from which the senior mortgagee has received payment, the value of the real property, and the amount of payment received
information certifying the cause of the registration
(b) the matters to be registered which are listed in the items of paragraph (1) of Article 83 of the Act (excluding item (i) of the same paragraph if a revolving mortgage is registered) (if any of the matters to be registered which are set forth in item (iv) of the same paragraph exist for real property that is located within the jurisdictional district of another registry office, this includes the matters listed in Article 3, item (vii) and item (viii) with respect to the real property)
(c) for the registration of a mortgage (excluding a revolving mortgage): the matters to be registered which are listed in the items of paragraph (1) of Article 88 of the Act
(d) for the registration of a revolving mortgage: the matters to be registered which are listed in the items of paragraph (2) of Article 88 of the Act
60
Registration when a revolving mortgage is divided and assigned pursuant to the provisions of Article 398-12, paragraph (2) of the Civil Code
(a) the date of receipt and the application number, and the cause of the registration and the date the creation of the revolving mortgage was registered
information certifying the cause of the registration
(b) the name and address of the obligor of the revolving mortgage before the division and the scope of the claims to be secured
(c) the maximum amount of each revolving mortgage after the division
(d) if the special provisions pursuant to the proviso to Article 370 of the Civil Code or provisions on the date on which the principal is to be fixed have been registered for the revolving pledge before the division: those provisions
(e) if an inventory of joint security exists for the revolving mortgage before the division: the matters specified by Ordinance of the Ministry of Justice
61
Registration when the principal secured for a revolving mortgage has been fixed pursuant to the provisions of Article 398-19, paragraph (2) of the Civil Code (limited to one for which the registered holder independently files an application pursuant to the provisions of Article 93 of the Act)
information certifying that the request has been made pursuant to the provisions of Article 398-19, paragraph (2) of the Civil Code
62
Registration when the principal secured for a revolving mortgage has been fixed pursuant to the provisions of Article 398-20, paragraph (1), item (iii) of the Civil Code (limited to one for which the registered holder independently files an application pursuant to the provisions of Article 93 of the Act)
information certifying that the notice was given as provided for in Article 49, paragraph (2) of the Civil Executive Act (including the case where it is applied mutatis mutandis pursuant to Article 188 of the same Act) or that the notice was issued pursuant to the provisions of Article 55 of the National Tax Collection Act (including the case where the same rules as those prescribed in the same Article are applied)
63
Registration when the principal secured for a revolving mortgage has been fixed pursuant to the provisions of Article 398-20, paragraph (1), item (iv) of the Civil Code (limited to one for which the registered holder independently files an application pursuant to the provisions of Article 93 of the Act)
information certifying that an order to commence bankruptcy proceedings against the obligor or the revolving mortgagor has been issued
64
Registration of a special agreement on redemption
if there are provisions on the purchase price and contract cost paid by the buyer and the period for redemption: those provisions
information certifying the cause of the registration
Registrations involving a trust
65
Registration of a trust
(a) for a trust created by the method provided for in Article 3, item (iii) of the Trust Act: the notarial deed, etc. (if this is a notarial deed, certifying that a transcript of the notarial deed) provided for in Article 4, paragraph (3), item (i) of the same Act or the document or electromagnetic record provided for in item (ii) of the same paragraph and information certifying that the notice has been given as provided for in the same item
(b) for a trust other than the one referred to in (a): information certifying the cause of the registration
(c) information that must be recorded in the inventory of a trust
66
Registration of the transfer of a right as a result of a change of trustee in relation to real property that is part of trust property (limited to one for which the new trustee appointed pursuant to the provisions of Article 100, paragraph (1) of the Act files an application independently)
information certifying that the trustee's duties have been terminated due to the reasons provided for in Article 100, paragraph (1) of the Act, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties, and information certifying that the new trustee has been appointed
66-2
Registration of the change of a right with respect to real property that is part of trust property (excluding the registration referred to in the following row and in row 67)
(a) if the applicant files an application for the registration of a change in a right to real property that is part of the trust property of a trust for which the provisions referred to in Article 97, paragraph (1), item (ii) of the Act exist, and the applicant is the beneficiary: information certifying that the applicant is the beneficiary who has been appointed under the conditions or by the method referred to in that item or who is provided for in those provisions
(b) if the applicant files an application for the registration of a change to a right to real property that is part of the trust property of a trust with a certificate of beneficial interest provided for in Article 185, paragraph (3) of the Trust Act, and the applicant is the beneficiary: the following information
1. if the beneficiary is the beneficiary of a beneficial interest for which a certificate of beneficial interest has been issued: the certificate of beneficial interest for the beneficial interest
2. if the beneficiary is the beneficiary of the transfer of the beneficial interest provided for in Article 127-2, paragraph (1) of the Act on the Transfer of Corporate Bonds, Shares, etc. (Act No. 75 of 2001): a document that has been delivered to the beneficiary pursuant to the provisions of Article 127-27, paragraph (3) of the same Act or a document delivered or information provided pursuant to the provisions of Article 277 of the same Act
3. if the beneficiary is the beneficiary of a beneficial interest for which there re provisions in Article 185, paragraph (2) of the Trust Act: the document or electromagnetic record provided for in Article 187, paragraph (1) of the Act
(c) if the applicant files an application for the registration of a change to a right by reason of the consolidation or split of the trust: the following information
1. if there is no risk of harm from the consolidation or splitting of the trust to the obligee who holds claims to an obligation covered by the trust property provided for in Article 2, paragraph (9) of the Trust Act in connection with the former trust, with the split trust provided for in Article 155, paragraph (1), item (vi) of the Trust Act, or with the succeeding trust provided for in the same item : information certifying that there is no such risk
2. in a case other than the case referred to in 1.: information certifying that the trustee has given public notice or given notice pursuant to the provisions of Article 152, paragraph (2), Article 156, paragraph (2) and Article 160, paragraph (2) of the Trust Act (or, if the trustee is a corporation that, in addition to public notice in an official gazette, has given a public notice by publication in a daily newspaper that publishes matters related to current affairs or by the method of electronic public notices provided for in Article 152, paragraph (3), item (ii) of the same Act under the provisions of Article 152, paragraph (3), Article 156, paragraph (3) or Article 160, paragraph (3) of the same Act, information certifying that the trustee has given public notice by these methods), and certifying that, if an obligee has stated his/her objections, reasonable property has been entrusted for the purpose of having the obligee receive payment or certifying that there is no risk of the obligee being harmed by the consolidation or split of the trust
66-3
Registration of the change of a right as a result of a trust created by the method under Article 3, item (iii) of the Trust Act
the notarial deed, etc. provided for in Article 4, paragraph (3), item (i) of the Trust Act (if this is a notarial deed, a transcript of the notarial deed) or the document or electromagnetic record provided for in item (ii) of the same paragraph and information certifying that the notice provided for in the same item has been given
67
Registration of the change of a right as a result of the termination of some of the trustee's duties with respect to real property that is part of the trust property (limited to one for which another trustee independently files an application pursuant to the provisions of Article 100, paragraph (2) of the Act)
information certifying that some of the trustee's duties have been terminated due to the reasons provided for in Article 100, paragraph (1) of the Act, which is prepared by the mayor of the municipality, the registrar, or any other public officer in the course of his/her duties
Provisional registration
68
Provisional registration pursuant to the provisions of Article 107, paragraph (1) of the Act when the person obliged to register the provisional registration has given his/her consent
(a) information certifying the cause of the registration
(b) information certifying the consent of the person obliged to register regarding the provisional registration, which is prepared by the person obliged to register
69
Definitive registration based on a provisional registration of ownership
(a) if there is a third party with an interest in the registration (including a holder or endorser of mortgage securities with an interest in the definitive registration): information certifying the approval of the third party which is prepared by the third party (including information certifying that the seizure or the deposit of the settlement amount provided for in the main text of Article 18 of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration (Act No. 78 of 1978) which may be substituted for consent pursuant to the provisions of the main text of the same Article) or information certifying that a judicial decision that may be asserted against the third party has been issued
(b) if the third party referred to in (a) is the holder or endorser of the mortgage securities: the mortgage securities
70
Cancellation of a provisional registration (limited to one for which the person who has an interest in the registration of a provisional registration independently files an application pursuant to the provisions of the second sentence of Article 110 of the Act)
(a) information certifying the cause of the registration
(b) information certifying the approval of the registered holder of the provisional registration which is prepared by the registered holder, or information certifying that a judicial decision that may be asserted against the registered holder has been issued
(c) if there is a third party with an interest in the registration: information certifying the approval of the third party which is prepared by the third party, or information certifying that a judicial decision that may be asserted against the third party has been issued
Registration of a provisional disposition
71
Cancellation of a registration that has been made after a prohibition on the disposal of property has been registered (excluding a registration that is made together with the provisional registration for the purpose of preservation) pursuant to the provisions of Article 53, paragraph (1) of the Civil Provisional Remedies Act (limited to a registration for which the obligee under the provisional disposition independently files an application pursuant to the provisions of Article 111, paragraph (1) of the Act (including when these are applied mutatis mutandis pursuant to paragraph (2) of the same Article)
information certifying that the notice provided for in Article 59, paragraph (1) of the Civil Provisional Remedies Act has been given
72
Cancellation of a registration that has been made after a prohibition on the disposal of property has been registered along with the provisional registration for the purpose of preservation (limited to a registration for which the obligee under the provisional disposition independently files an application pursuant to the provisions of Article 113 of the Act)
information certifying that the notice provided for in Article 59, paragraph (1) of the Civil Provisional Remedies Act has been given
Registration, etc. involving a government agency or public office
73
Registration of a right when the State or a local public entity is the person entitled to register (limited to a registration commissioned by the government agency or public office pursuant to the provisions of Article 116, paragraph (1) of the Act)
(a) information certifying the cause of the registration
(b) information certifying the approval of the person entitled to register, which is prepared by the person entitled to register
74
Registration of the transfer of ownership by reason of expropriation of real property
if the applicant files an application for the registration of a transfer of ownership by reason of the expropriation of land: the purpose, date of receipt, and application number, the cause of the registration, and the date thereof, as well as the details of priority for a registration that must be designated pursuant to the provisions of the first sentence of paragraph (4) of Article 118 of the Act in connection with the right that has been extinguished, or the attachment, provisional attachment, or provisional disposition that has lost its effect by reason of expropriation
(a) information certifying that the determination in favor of the expropriation remains effective and other information certifying the cause of the registration
(b) if the applicant files an application for the registration of a transfer of ownership by reason of the expropriation of land: information certifying that the right referred to in the application information column of this row has been extinguished, or that the attachment, provisional seizure, or provisional disposition referred to in the same column has lost its effect
75
Registration of the extinction of a right by reason of the expropriation of a right other than ownership of real property
information certifying that the determination in favor of the expropriation remains effective and other information certifying the cause of the registration