Act on Adjustment of Registration and Administration of Land for Which the Heading Section Owner is Unknown(Act No. 15 of 2019)
Last Version: Act No. 24 of 2021
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  • 令和4年12月1日
    • 最終更新:令和三年法律第二十四号
    • 翻訳日:令和4年4月15日
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Act on Adjustment of Registration and Administration of Land for Which the Heading Section Owner is Unknown
Act No. 15 of May 24, 2019
Contents
Chapter I General Provisions(Article 1 and Article 2)
Chapter II Registration of Heading Section Owners of Land for Which the Heading Section Owner is Unknown
Section 1 Searches for Owners by Registrars(Article 3 to Article 8)
Section 2 Investigations by Searchers for Owners(Article 9 to Article 13)
Section 3 Identification of Owners and Registration of Heading Section Owners(Article 14 to Article 16)
Section 4 Miscellaneous Provisions(Article 17 and Article 18)
Chapter III Administration of Land for Which the Owner is Unidentified(Article 19 to Article 29)
Chapter IV Administration of Land Owned by a Specified Association(Article 30)
Chapter V Miscellaneous Provisions(Article 31 to Article 33)
Chapter VI Penal Provisions(Article 34 and Article 35)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to clarify rights relating to land for which the heading section owner is unknown and promote appropriate utilization thereof by the registrars' conducting searches for the owner, etc. of land for which the heading section owner is unknown, registering heading section owners based on those searches based on the results of those searches, and taking measures relating to the administration of land for which the owner, etc. is unidentified and land owned by a specified association, etc. in order to adjust the registration and administration of land for which the heading section owner is unknown, thereby contributing to the enhancement of the sound development of the national economy and the lives of the citizenry.
(Definitions)
Article 2(1)In this Act, "land for which the heading section owner is unknown" means a parcel of land for which there is no registration of ownership (including co-ownership interests; the same applies in the following paragraph) and for which the name and address of the owner in the heading section have not been registered in whole or in part (excluding parcels for which it is clear from the registration record that the State, a local public entity, or other person prescribed by Ministry of Justice Order is the owner).
(2)In this Act, "owner, etc." means a natural person or juridical person (including an unincorporated association or foundation; hereinafter referred to as an "unincorporated association, etc.") that holds or held ownership.
(3)In this Act, "land for which the owner, etc. is unidentified" means land for which the heading section owner is unknown that is registered as provided in Article 15, paragraph (1), item (iv)(a) (if co-ownership interests for land for which the heading section owner is unknown are recorded, those co-ownership interests).
(4)In this Act, "land owned by a specified association, etc." means land for which the heading section owner is unknown that is registered as provided in Article 15, paragraph (1), item (iv)(b) (if co-ownership interests for land for which the heading section owner is unknown are recorded, those co-ownership interests) and that is owned by an unincorporated association, etc.
(5)In this Act, "registration record", "heading section", and "heading section owner" mean the registration record, heading section, and heading section owner provided for in Article 2, item (v), item (vii), or item (x), respectively, of the Real Property Registration Act (Act No. 123 of 2004).
Chapter II Registration of Heading Section Owners of Land for Which the Heading Section Owner is Unknown
Section 1 Searches for Owners by Registrars
(Commencement of Searches for Owners)
Article 3(1)A registrar, by their own authority, is to conduct searches for owners, etc. of land for which the heading section owner is unknown (excluding land that is registered as provided in Article 15, paragraph (1), item (iv); the same applies hereinafter in this Chapter) when they determine that it is necessary to adjust the registration of land for which the heading section owner is unknown, taking into consideration the current status of use of the land for which the heading section owner is unknown, the natural and social conditions of areas peripheral to the land for which the heading section owner is unknown, the status of distribution of other land for which the heading section owner is unknown in the relevant region, and other circumstances.
(2)If a registrar intends to conduct a search provided for in the preceding paragraph, they must publicly announce such fact and other matters provided by Ministry of Justice Order in advance pursuant to Ministry of Justice Order.
(Submission of Opinions or Materials)
Article 4When the public notice provided for in paragraph (2) of the preceding Article is given, interested parties may submit to the registrar opinions or materials concerning owner, etc. of the land for which the heading section owner is unknown. In this case, if the registrar prescribes a period for the submission of opinions and materials, and gives public notice to that effect as provided by Ministry of Justice Order, opinions and materials must be submitted within that period.
(Examination by Registrar)
Article 5In order to conduct the search specified in Article 3, paragraph (1), a registrar may conduct a field investigation of the land for which the heading section owner is unknown or land located in the surrounding area, hear from the owner or possessor of the land for which the heading section owner is unknown or other interested parties concerning facts known to them or request those persons to submit materials, and conduct other examinations necessary to search for the owner, etc. of the land for which the heading section owner is unknown.
(Entry and Investigation)
Article 6(1)When the director of a legal affairs bureau or district legal affairs bureau finds it necessary in cases where a registrar conducts a field investigation of land, etc. for which the heading section owner is unknown or land located in the surrounding area pursuant to the provisions of the preceding Article, they may allow the registrar to enter another person's land to the extent necessary.
(2)If the director of a legal affairs bureau or district legal affairs bureau intends to have a registrar enter another person's land pursuant to the provision of the preceding paragraph, they must give advance notice to the possessor of the land to that effect together with the date and place of the entry.
(3)If a registrar intends to enter, pursuant to the provision of paragraph (1), residential land or land in the possession of another person which is enclosed by hedges, fences, or the like, they must, upon entry, inform the possessor of the land to that effect in advance.
(4)No entry may be made onto the land set forth in the preceding paragraph before sunrise or after sunset, unless the possessor of the land gives consent.
(5)The possessor of the land must not refuse or obstruct the entry set forth under the provision of paragraph (1) without justifiable grounds.
(6)When making an entry under the provision of paragraph (1), the registrar must carry their identification card and present it when requested to do so by any person concerned.
(7)When the entry under the provision of paragraph (1) has caused any person to suffer a loss, the State must compensate the person who has suffered a loss for the loss that would ordinarily arise.
(Commissioning of Examinations)
Article 7If an interested party related to land for which the heading section owner is unknown resides in a remote place or the registrar finds it appropriate for other reasons, the registrar may commission a registrar from another registry office to conduct the examination set forth in Article 5.
(Requesting Provision of Information)
Article 8A registrar may request that the head of a related local public entity or other persons provide information relating to the owner, etc. of land for which the heading section owner is unknown to the extent necessary to conduct the investigation provided in Article 3, paragraph (1).
Section 2 Investigation by Searchers for Owners
(Dismissal of Searchers for Owners)
Article 9(1)Each legal affairs bureau or district legal affairs bureau has several searchers for owners, etc. in order to have them conduct the examinations necessary for the searches provided in Article 3, paragraph (1) and submit their opinions to registrars.
(2)A searcher for owners, etc. is appointed by the director of the legal affairs bureau or district legal affairs bureau from among those persons who have the knowledge and experience necessary for performing the duties set forth in the preceding paragraph.
(3)The term of office of a searcher for owners, etc. is two years.
(4)Searchers for owners, etc. may be reappointed.
(5)A searcher for owners, etc. serves on a part-time basis.
(Dismissal of Searchers for Owners)
Article 10When a searcher for owners, etc. falls under any of the following items, the director of the legal affairs bureau or district legal affairs bureau may dismiss the searcher for owners, etc.:
(i)when they are found to be unable to perform their duties due to a mental or physical disorder; or
(ii)when they are found to have breached their obligation in the course of their duties or where there has been any other misconduct that is inappropriate for a searcher for owners, etc.
(Investigations by Searchers for Owners)
Article 11(1)When a registrar conducts a search provided in Article 3, paragraph (1), if the registrar finds it necessary, they may have searchers for owners, etc. conduct necessary investigations.
(2)A searcher for owners, etc., who should conduct investigations pursuant to the provision of the preceding paragraph, are designated by the director of a legal affairs bureau or district legal affairs bureau.
(3)The director of a legal affairs bureau or district legal affairs bureau may have their officials assist the investigations provided in paragraph (1).
(Mutatis Mutandis Application to Investigations by Searchers for Owners)
Article 12The provisions of Article 5 and Article 6 apply mutatis mutandis to investigations by searchers for owners, etc. under the provisions of paragraph (1) of the preceding Article. In this case, the term "to registrars" in Article 6, paragraph (1) is deemed to be replaced with "to searchers for owners, etc. or officials provided in Article 11, paragraph (3) (hereinafter referred to as "searchers, etc. for owners, etc." in this Article) and the term "registrars" in Article 6, paragraphs (2), (3), and (6) is deemed to be replaced with "searchers, etc. for owners, etc."
(Submission of Opinions by Searchers for Owners)
Article 13When a searcher for owners, etc. completes an investigation provided in Article 11, paragraph (1), they must without delay submit their opinion to the registrar.
Section 3 Identification of Owners and Registration of Heading Section Owners
(Identification of Owner)
Article 14(1)A registrar is to make a determination on whether land for which the heading section owner is unknown relating to a search falls under any of item (i) to item (iii), taking into comprehensive consideration the particulars of information obtained through a search provided for in the preceding two Sections (referred to in the following Section as "search for owners, etc.") and other circumstances (in item (i) or item (iii), including identification of the name and address of a person who should be registered as a heading section owner (the owner, etc. of land whose owner is unknown but who is eligible to be registered as the heading section owner; hereinafter the same applies), and in the cases listed in item (iv), will make a determination on whether the grounds fall under (a) or (b) of that item. In such cases, if the land for which the heading section owner is unknown belongs to multiple owners, etc. and the co-ownership interests can be identified, those co-ownership interests are to be identified.
(i)If there is a person who should be registered as the heading section owner of the land for which the heading section owner is unknown (in cases where the land, for which the heading section owner is unknown belongs to multiple owners, etc., if there are persons who should be recorded as the heading section owners for all co-ownership interests);
(ii)If no person should be registered as the heading section owner of the land for which the heading section owner is unknown (in cases where the land, for which the heading section owner is unknown belongs to multiple owners, if no person should be recorded as the heading section owners for all co-ownership interests);
(iii)In the case where land for which the heading section owner is unknown belongs to multiple owners, if there is any co-ownership interest for which no person should be recorded as the heading section owners (excluding cases set forth in the preceding item); or
(iv)In cases falling under either of the preceding two items, if the grounds fall under any of the following:
(a)If it was not possible to specify the owner, etc. of land for which the heading section owner is unknown (in cases where the land for which the heading section owner is unknown belongs to multiple owners, their co-ownership interests; the same applies in (b)); or
(b)In the case where it was possible to specify the owner, etc. of land for which the heading section owner is unknown, if the land for which the heading section owner is unknown belongs or belonged to an unincorporated association, etc. (excluding cases where the land belongs to an owner, etc. other than that unincorporated association, etc.) and it is not possible to identify the person who should be registered as the heading section owner.
(2)When a registrar makes a determination provided for in the preceding paragraph (including an identification provided for in the preceding paragraph; hereinafter referred to in this Chapter as "identification of owner, etc."), the registrar must record the reasons therefor and other matters designated by Ministry of Justice Order or create a written, electronic or magnetic record (meaning recording media prepared in electronic form, magnetic form, or another form that cannot be perceived by the human senses) recording that information.
(Registration of Heading Section Owner)
Article 15(1)When a registrar identifies an owner, etc., they must, on the authority of the registrar and without delay, delete the registration of the heading section owner of the land for which the heading section owner is unknown for which the owner, etc. was identified. In this case, notwithstanding the provisions of Article 27, item (iii) of the Real Property Registration Act, the registrar is to register in the heading section of the land for which the heading section owner is unknown the matters provided in the following items according to the category of identification of the owner, etc.
(i)in the case listed in paragraph (1), item (i) of the preceding Article:the name and address of the person who should be registered as a heading section owner of the land for which the heading section owner is unknown (in the case of identification provided in the second sentence of that paragraph, including the co-ownership interests);
(ii)in the case listed in paragraph (1), item (ii) of the preceding Article:A statement to that effect (in the case of identification provided in the second sentence of that paragraph, including the co-ownership interests);
(iii)in the case listed in paragraph (1), item (iii) of the preceding Article:with regard to the co-ownership interests for which there is a person who should be registered as a heading section owner of the land for which the heading section owner is unknown, the name and address of the person (in the case of identification provided in the second sentence of that paragraph, including the co-ownership interests), and with regard to the co-ownership interests for which no person should be registered as a heading section owner, a statement to that effect (in the case of identification provided in the second sentence of that paragraph, including the co-ownership interests);
(iv)in the case listed in paragraph (1), item (iv) of the preceding Article: the matters that each of the following sub-items (a) and (b) prescribes for the category of cases set forth in the sub-item:
(a)in cases listed in paragraph (1), item (iv), sub-item (a) of the preceding Article:a statement to that effect; and
(b)in cases listed in paragraph (1), item (iv), sub-item (b) of the preceding Article:a statement to that effect.
(2)In the event that a registrar intends to make the registration provided in the preceding paragraph, they must publicly announce such fact and other matters provided by Ministry of Justice Order pursuant to Ministry of Justice Order.
(Public Notice After Registration)
Article 16When a registrar makes a registration as provided in paragraph (1) of the preceding Article, they must without delay publicly announce the fact and other matters provided by Ministry of Justice Order pursuant to Ministry of Justice Order.
Section 4 Miscellaneous Provisions
(Suspension of Search for Owners)
Article 17If litigation concerning the interests to land for which the heading section owner is unknown is pending or it is otherwise deemed inappropriate, notwithstanding the provisions of the above three Sections, a registrar may suspend a search for the owner, etc. of land for which the heading section owner is unknown or procedures relating to the identification and registration of the owner, etc. In this case, the registrar must publicly announce such fact and other matters provided by Ministry of Justice Order pursuant to Ministry of Justice Order.
(Delegation to Ministry of Justice Order)
Article 18Beyond what is provided for in this Chapter, necessary matters concerning searches for the owners, etc. of land for which the heading section owner is unknown and identification and registration of owners, etc. are specified by Ministry of Justice Order.
Chapter III Administration of Land for Which the Owner is Unidentified
(Order of Administration of Land for Which the Owner is Unidentified)
Article 19(1)Article 19 (1) Pursuant to a petition filed by an interested party regarding land for which the owner, etc. is unidentified, if a court determines it necessary, it may issue a disposition for the land for which the owner, etc. is unidentified ordering administration of land for which the owner, etc. is unidentified (hereinafter referred to as "Order of Administration of Land for Which the Owner is Unidentified") by an administrator of land, etc. for which the owner, etc. is unidentified (an administrator of land, etc. for which the owner, etc. is unidentified referred to in paragraph (1) of the following Article; the same applies hereinafter in paragraph (5)).
(2)A judicial decision dismissing a petition set forth in the preceding paragraph must include the reasons for the decision.
(3)The court may modify or revoke Order of Administration of Land for Which the Owner is Unidentified.
(4)Only an interested party may file an immediate appeal against Order of Administration of Land for Which the Owner is Unidentified or a decision made under the provisions of the preceding paragraph.
(5)If after Order of Administration of Land for Which the Owner is Unidentified is issued, the Order of Administration of Land for Which the Owner is Unidentified is revoked, if it is deemed to be necessary, the Order may be issued with respect to assets acquired by the administrator of land, etc. for which the owner, etc. is unidentified from administration or disposition of the land, etc. for which the owner, etc. is unidentified or for other reasons.
(Appointment of Administrator of Land for Which the Owner is Unidentified)
Article 20(1)When the court issues Order of Administration of Land for Which the Owner is Unidentified, it must appoint in the Order an administrator of land, etc. for which the owner, etc. is unidentified.
(2)No appeal may be entered against a judicial decision on the appointment of the administrator of land, etc. for which the owner, etc. is unidentified made under the provisions of the preceding paragraph.
(3)Where Order of Administration of Land for Which the Owner is Unidentified is issued, the court clerk must, on the authority of the court clerk and without delay, commission registration of the Order of Administration of Land for Which the Owner is Unidentified regarding land for which the owner, etc. is unidentified that is the subject of the Order of Administration of Land for Which the Owner is Unidentified.
(4)If Order of Administration of Land for Which the Owner is Unidentified is revoked, the court clerk must, on the authority of the court clerk and without delay, commission the deletion of registration of the Order of Administration of Land for Which the Owner is Unidentified.
(Authority of Administrator of Land for Which the Owner is Unidentified)
Article 21(1)If an administrator of land, etc. for which the owner, etc. is unidentified is appointed pursuant to the provision of Paragraph (1) of the preceding Article, the administrator of land, etc. for which the owner, etc. is unidentified has the exclusive rights to administer or dispose of assets acquired by the administrator of land, etc. for which the owner, etc. is unidentified from the land for which the owner, etc. is unidentified that is the subject of the Order of Administration of Land for Which the Owner is Unidentified or its administration or disposal or for other reasons (hereinafter referred to as "land, etc. for which the owner, etc. is unidentified").
(2)The administrator of land, etc. for which the owner, etc. is unidentified must obtain the court's permission in order to carry out any actions beyond the scope of the following acts:
(i)an act of preservation; and
(ii)an act with the intent to use or improve the land, etc. for which the owner, etc. is unidentified to the extent that the act does not change the nature of the land.
(3)An act of the administrator of land, etc. for which the owner, etc. is unidentified performed in violation of the provisions of the preceding paragraph is void; provided, however, that the administrator of land, etc. for which the owner, etc. is unidentified may not assert this against a third party in good faith.
(4)When filing a petition for the permission set forth in paragraph (2), the administrator of land, etc. for which the owner, etc. is unidentified must make a prima facie showing of the facts constituting the grounds for the petition.
(5)A judicial decision dismissing the petition set forth in paragraph (2) must include the reasons therefor.
(6)No appeal may be entered against a judicial decision on permission under the provisions of paragraph (2).
(Administration of Land for Which the Owner is Unidentified)
Article 22An administrator of land, etc. for which the owner, etc. is unidentified must commence administration of the land, etc. for which the owner, etc. is unidentified that is the subject of Order of Administration of Land for Which the Owner is Unidentified immediately after appointment.
(Handling of Litigation Concerning Land for Which the Owner is Unknown in Cases Where Order of Administration of Land for Which the Owner is Unidentified Is Issued)
Article 23(1)Where Order of Administration of Land for Which the Owner is Unidentified is issued, the administrator of land, etc. for which the owner, etc. is unidentified will stand as the plaintiff or defendant in an action relating to the land etc. for which the owner, etc. is unidentified that is the subject of the order.
(2)Where Order of Administration of Land for Which the Owner is Unidentified is issued, any litigation proceedings to which the owner (a natural person or juridical person (including an unincorporated association) that holds ownership rights (including co-ownership interests); the same applies hereinafter in this Chapter) of the land, etc. for which the owner, etc. is unidentified that is the subject of the Order of Administration of Land for Which the Owner is Unidentified is a party will be suspended.
(3)Litigation proceedings suspended pursuant to the provisions of the preceding paragraph may be succeeded to by the administrator of land, etc. for which the owner, etc. is unidentified. In this case, the opposing party may also petition for such succession.
(4)If Order of Administration of Land for Which the Owner is Unidentified is revoked, any litigation proceedings concerning the administrator of land, etc. for which the owner, etc. is unidentified is a party will be suspended.
(5)The owner of land, etc. for which the owner is unidentified must succeed to litigation proceedings that were suspended pursuant to the provisions of the preceding paragraph. In this case, the opposing party may also petition for such succession.
(Duties of the Administrator of Land for Which the Owner is Unidentified)
Article 24(1)The administrator of land, etc. for which the owner, etc. is unidentified must exercise the authority provided in Article 21, paragraph (1) with the due care of a prudent manager for the benefit of the owner of the land, etc. for which the owner is unidentified that is subject to Order of Administration of Land for Which the Owner is Unidentified.
(2)The administrator of land, etc. for which the owner, etc. is unidentified must faithfully and fairly exercise the authority provided in Article 21, paragraph (1) for the benefit of the owner of the land, etc. for which the owner, etc. is unidentified that is subject to Order of Administration of Land for Which the Owner is Unidentified.
(Resignation of Administrator of Land for Which the Owner is Unidentified)
Article 25(1)If there is a justifiable reason for doing so, an administrator of land, etc. for which the owner, etc. is unidentified may resign with the permission of the court.
(2)When filing a petition for the permission set forth in the preceding paragraph, the administrator of land, etc. for which the owner, etc. is unidentified must make a prima facie showing of the facts constituting the grounds for the petition.
(3)A judicial decision dismissing the petition set forth in paragraph (1) must include the reasons therefor.
(4)No appeal may be entered against a judicial decision on permission for resignation under the provisions of paragraph (1).
(Dismissal of Administrator of Land for Which the Owner is Unidentified)
Article 26(1)If an administrator of land, etc. for which the owner, etc. is unidentified violates their duties, thereby causing significant damage to the land, etc. for which the owner, etc. is unidentified that is subject to Order of Administration of Land for Which the Owner is Unidentified, or there are other material grounds, the court may dismiss the administrator of land, etc. for which the owner, etc. is unidentified pursuant to a petition from an interested party.
(2)Before dismissing the administrator of land, etc. for which the owner is unidentified pursuant to the provisions of the preceding paragraph, the court must hear statements from the administrator of land, etc. for which the owner is unidentified.
(3)A judicial decision on the petition set forth in paragraph (1) must include the reasons therefor.
(4)Only an interested party may file an immediate appeal against a decision of dismissal made under the provisions of paragraph (1).
(Remuneration for Administrator of Land for Which the Owner is Unknown)
Article 27(1)An administrator of land, etc. for which the owner, etc. is unidentified may receive advance payment of expenses and remuneration in amounts specified by the court from the land for which the owner, etc. is unidentified that is subject to Order of Administration of Land for Which the Owner is Unidentified.
(2)The court, before it makes a judicial decision determining the amount of expenses or remuneration under the provisions of the preceding paragraph, must hear a statement from the administrator of land, etc. for which the owner, etc. is unidentified.
(3)Only the administrator of land, etc. for which the owner, etc. is unidentified may file an immediate appeal against a judicial decision determining the amount of expenses or remuneration under the provisions of paragraph (1).
(Deposits with an Official Depository)
Article 28(1)If monies are derived from administration or disposition of land, etc. for which the owner, etc. is unidentified, etc. that is subject to Order of Administration of Land for Which the Owner is Unidentified, or for other reasons, the administrator of land, etc. for which the owner, etc. is unidentified may deposit for the benefit of the owner the monies with the official depository located in the area where the land, etc. for which the owner, etc. is unidentified is located.
(2)When the administrator of land, etc. for which the owner, etc. is unidentified makes a deposit provided in the preceding paragraph, they must publicly announce the fact and other matters provided by Ministry of Justice Order pursuant to Ministry of Justice Order.
(Cancellation of Order of Administration of Land for Which the Owner is Unidentified)
Article 29(1)When no assets remain to be administered by an administrator of land, etc. for which the owner, etc. is unidentified (including cases where all the assets which the administrator of land, etc. for which the owner, etc. is unidentified should administer is deposited pursuant to the provision of paragraph (1) of the preceding article), or it is no longer appropriate to continue administration of the land, etc. for which the owner, etc. is unidentified that is subject to Order of Administration of Land for Which the Owner is Unidentified, the court must cancel the Order of Administration of Land for Which the Owner is Unidentified pursuant to a petition by the administrator of land, etc. for which the owner, etc. is unidentified or an interested party or under the court's authority.
(2)If the owner of land, etc. for which the owner, etc. is unidentified that is subject to Order of Administration of Land for Which the Owner is Unidentified establishes that they hold the ownership rights (including co-ownership interests) to the land, etc. for which the owner is unidentified, the court must cancel the Order of Administration of Land for Which the Owner is Unidentified pursuant to a petition by the owner.
(3)If Order of Administration of Land for Which the Owner is Unidentified is canceled pursuant to the provisions of the preceding paragraph, the administrator of land, etc. for which the owner is unidentified must report the progress and results of administration to the owner and deliver the land, etc. for which the owner is unidentified to the owner.
(4)Only an interested party may file an immediate appeal against a decision made under the provisions of paragraph (1) or paragraph (2).
Chapter IV Administration of Land Owned by a Specified Association
Article 30(1)In the case where, with respect to land owned by a specified association, etc., the unincorporated association that owns the land owned by a specified association, etc. has not appointed a representative or manager and it is not possible to identify all constituent members of the unincorporated association or their whereabouts are unknown, when it is deemed to be necessary, the court may, pursuant to a petition from an interested party, make a disposition ordering administration of the land owned by a specified association, etc. regarding the petition by an administrator of land, etc. owned by a specified association, etc. (referred to in the following paragraph as "Order of Administration of Land Owned by a Specified Association").
(2)The provisions of the preceding chapter (excluding Article 19, paragraph (1)) apply mutatis mutandis to Order of Administration of Land Owned by a Specified Association. In this case, the phrase "the preceding paragraph" in paragraph (2) of that Article is deemed to be replaced with "Article 30, paragraph (1)", "land, etc. for which the owner, etc. is unidentified" in Article 21, paragraph (1) and paragraph (2), item (ii), Article 22, Article 23 (excluding paragraph (3)), Article 24, Article 26, paragraph (1), Article 27, paragraph (1), Article 28, paragraph (1), and paragraph (1) and paragraph (3) of the preceding Article is deemed to be replaced with "land, etc. owned by a specified association, etc.", "natural person or juridical person (including an unincorporated association or foundation" in Article 23, paragraph (2) is deemed to be replaced with "unincorporated association, etc.", "owner of land, etc. for which the owner, etc. is unidentified" in paragraph (2) of the preceding Article is deemed to be replaced with "owner of land, etc. owned by a specified association, etc.", and "they hold the ownership rights (including co-ownership interests) to the land, etc. for which the owner, etc. is unidentified" in paragraph (2) of the preceding Article is deemed to be replaced with "they have been appointed the representative or manager of the unincorporated association, etc. to which the land, etc. owned by a specified association, etc. belongs"
Chapter V Miscellaneous Provisions
(Jurisdiction over Non-Contentious Cases)
Article 31Non-contentious cases under the provisions of this Act are subject to the jurisdiction of the district court which has jurisdiction over the location of the land for which the heading section owner is unknown.
(Exclusion from Application)
Article 32(1)For land for which the owner, etc. is unidentified and land owned by a specified association, etc. (excluding those for which an order pursuant to the provision of Article 264-2, paragraph (1) of the Civil Code (Act No. 89 of 1896) has been issued prior to the registration prescribed in Article 15, paragraph (1), item (iv), (a) or (b)), the provisions of the same Article to Article 264-7 of the same Act do not apply.
(2)With regard to non-contentious cases under the provisions of this Act, the provisions of Article 40 and Article 57, paragraph (2), item (ii) of the Non-Contentious Cases Procedures Act (Act No. 51 of 2011) do not apply.
(Supreme Court Rules)
Article 33In addition to what is provided for in this Act, the necessary particulars concerning procedures for non-contentious cases under the provisions of this Act are prescribed by the Rules of the Supreme Court.
Chapter VI Penal Provisions
Article 34A person who refused or obstructed entry pursuant to the provisions of Article 6, paragraph (1) (including cases where applied mutatis mutandis pursuant to Article 12) in violation of the provisions of Article 6, paragraph (5) (including cases where applied mutatis mutandis pursuant to Article 12) is punished by a fine of not more than 300,000 yen.
Article 35If a representative of a juridical person or an agent, employee, or other worker or of a juridical person or an individual violated the preceding Article in relation to the work of the juridical person or the individual, not only the offender is punished but also the juridical person or individual is punished as prescribed in the Article.
Supplementary Provisions
This Act comes into force as from the date specified by a Cabinet Order within a period not exceeding six months from the day of promulgation. However, the provisions of Chapter III to Chapter V come into effect as of the day specified by Cabinet Order within a period not exceeding one year and six months from the day of promulgation.