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Laws of the Republic of Korea |
71 (Supp. 46)
REGISTRATION OF REAL ESTATE ACT
Act No. 536, Jan. 1, 1960
Amended by Act No. 2170, Jan. 1. 1970
Act No. 3158, Dec. 6, 1978
Act No. 3692, Dec. 31, 1983
Act No. 3726, Apr. 10, 1984
Act No. 3789, Sep. 14, 1985
Act No. 3859, Dec. 23, 1986
Act No. 4244, Aug. 1, 1990
Act No. 4422, Dec. 14, 1991
Act No. 4522, Dec. 8, 1992
Act No. 4592, Dec. 10, 1993
Act No. 5205, Dec. 30, 1996
Act No. 5592, Dec. 28, 1998
Act No. 6525, Dec. 19, 2001
Act No. 6631, Jan. 26, 2002
Act No. 6926, Jul. 18, 2003
Act No. 7357, Jan. 27, 2005
Act No. 7764, Dec. 29, 2005
Act No. 7954, May 10, 2006
Act No. 8435, May 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8922, Mar. 21, 2008
Act No. 9401, Jan. 30, 2009
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to prescribe matters on real estate registration. [This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 2 (Matters to be Registered)
Registration shall be filed with regard to indication of a sectioned building, and establishment, preservation, transfer, change, restriction on disposal or extinguishment of rights falling under any of the following:
1. Ownership;
2. Superficies;
3. Easements;
4. Rights to lease on a deposit basis; REGISTRATION OF REAL ESTATE ACT
72(Supp. 46)
5. Mortgages;
6. Pledges of rights;
7. Leasehold interests. [This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 3 (Provisional Registration)
Provisional registration shall be filed for the purpose of preserving a claim for establishment, transfer, change or extinguishment of rights falling under any of the subparagraphs of Article 2. The same shall also apply to cases where such claim is subject to commencement of period or on condition precedent, or is to be fixed in the future.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 4 (Notice Registration)
Notice registration shall be filed in cases where a lawsuit for cancellation or restoration of registration due to nullity or revocation of grounds for registration has been instituted (including cases where a plaintiff who lost a lawsuit has instituted a lawsuit on appeal). However, this shall not apply to cases where such nullity or revocation cannot be set up against a third person acting in good faith.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 5 (Order of Priority for Rights Registered) (1) Except as otherwise provided for by any Act, the order of priority for rights registered with regard to the same real estate shall be in accordance with the order of registration.
(2) The order of registration shall be, from among registration forms, in accordance with the priority number for registration filed in the same district and in accordance with the receipt number for registration filed in other districts.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 6 (Order of Priority for Additional Registrations and Provisional Registrations)
(1) The order of priority for additional registrations shall be in accordance with that of main registrations. However, the order of priority for additional registrations themselves shall be in accordance with the order of such registrations.
(2) When provisional registration has been filed, the order of priority for the principal registrations shall be in accordance with that of the provisional registrations.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] 7
73 (Supp. 46)
CHAPTER REGISTRATION OFFICE AND
REGISTRATION OFFICER
Article 7 (Competent Registration Office)
(1) A district court, its branch court or a registration office having jurisdiction over the location of real estate which is the object of rights to be registered shall be the competent registration office. (2) When real estate is spread over the jurisdictions of several registration offices, the head of a higher court having jurisdiction over such registration offices shall designate the competent registration office upon receipt of applications from them.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 8 (Delegation of Jurisdiction)
The Chief Justice of the Supreme Court may have a registration office delegate the affairs falling under its jurisdiction to another registration office.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 9 (Transfer of Jurisdiction)
In cases where the location of real estate has been changed to come under the jurisdiction of another registration office, the former competent registration office shall transfer the registration form and attached documents thereto on such real estate or certified copies of such documents to such another registration office.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008] Article 10 (Suspension of Registration Affairs)
In cases where an accident compelling the suspension of registration affairs
occurs in a registration office, the Chief Justice
of the Supreme Court may
order to suspend such affairs during a fixed period.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Articles 11 and 11-2 Deleted.
A person (hereinafter referred to as registration officer ) designated by
the chief judge of a district court (referring to the
chief justice of a branch
court in cases where he/she takes charge of affairs of a registration office;
hereinafter the same shall
apply) from among court officials of Grade
working with the district court and its branch court, registry officials of
Grade ,
administrative officers for registration and junior administrative
officers for registration working with a registration office
shall process
REGISTRATION OF REAL ESTATE ACT
74(Supp. 46)
registration affairs.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 13 (Exclusion of Registration Officer)
(1) No registration officer shall, when he/she or his/her relative within
the fourth degree of relationship is an applicant for
registration, register
without the participation of not less than two persons who are adults having
registered ownership at such
registration office and are not his/her relatives
within the fourth degree of relationship. The same shall apply to relatives
even
after such relationship has been terminated.
(2) In cases under paragraph (1), a registration officer shall draw up a
protocol,
put his/her signature and seal thereon together with the
participants.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
CHAPTER REGISTRY
Article 14 (Types of Registry)
(1) Registries shall consist of two types: land registry and building registry.
(2) Registries under paragraph (1) shall be separate
books for each lot
of land in the Special Metropolitan City, each Metropolitan City and Si,
and shall be separate books for each
Eup or Myeon in an Eup or Myeon.
However, in an Eup or Myeon where many cases of registration occur,
registries may be separate
books for each Dong or Ri or each lot of land.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 15 (Principle
of Material Formation)
(1) In a registry, one form shall be used for one lot of land or one building.
However, for sectioned buildings, one form shall
be used for the whole
building.
(2) In cases where real estate under the jurisdiction of the same registration
office extends across several lots of land the registry
for which has been
established in partition, the form for such real estate shall be used for
the registry of such single lot of
land only.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 15-2 (Readjustment of Duplicate Registration)
In cases where
a registration officer finds that registration has been filed
in duplicate for the same land, he/she shall readjust such registration
in a way that one of the duplicate registration forms is kept and the other
7
75 (Supp. 46)
is made unusable according to the procedures prescribed by the Regulations
of the Supreme Court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 16 (Registry Form)
(1) A registry shall be divided into registration number column, title
section, and two sections of Section A and Section B, and
in the title
section, an indication column and an indication number column shall be
sectioned, and in each section, an item column
and an priority number
column shall be sectioned. Section B may, however, be omitted if no item
is to be stated therein.
(2) In the registration number column, the number of each lot of land
or each building site shall be stated.
(3) In the indication column, an indication as to land or building and
matters concerning changes thereof shall be stated, and in
the indication
number column, the order of registration stated in the indication column
shall be stated.
(4) In the item column of Section A, matters concerning ownership shall
be stated.
(5) In the item column of Section B, matters concerning rights other than
ownership shall be stated.
(6) In the priority number column, the order of registration stated in the
item column shall be stated.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 16-2 (Registration Form for Sectioned Building)
In a form
under the proviso to Article 15 (1), title section and each section
shall be sectioned for each sectioned part of a building.
[This
Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 16-3 (Form for Common Area)
In a form for any common area of a building under Article 3 (2) and (3)
of the Act on the Ownership and Management of Aggregate
Buildings,
its title section only shall be sectioned therein.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article
17 (Seal on Registration Form)
The chief judge of a district court shall affix his/her official seal to each
registration form.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 18 Deleted.
76(Supp. 46)
Article 19 (Binder Book of Applications)
A registration office the whole or part of the registries of which have been
destroyed or lost shall keep the binder book of the
applications therein.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 20 (Preservation of Registries, etc.)
Registries, joint rosters and drawings shall be preserved permanently.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 21 (Issuance of Certified Copies or Abstracts, and Perusal of
Registries)
(1) Anyone may request to peruse a registry or to issue a certified copy
or an abstract of such registry with payment of fees as
prescribed by the
Regulations of the Supreme Court, and perusal of the attached documents
to a registry may be requested for the
parts only in which he/she has
interests.
(2) Anyone may request to issue a certificate as to the following facts,
with payment of fees:
1. Fact that no change has been made in the matters registered;
2. Fact that no registration on a certain matter has been filed;
3. Fact that no change has been made in the details of a certified copy
or an abstract of a registry.
(3) Anyone may request to forward a certified copy or an abstract of a
registry, or a certificate under paragraph (2) with payment
of postage
in addition to fees.
(4) The amount of fees referred to in paragraphs (1) and (2) and the scope
of exemption shall be prescribed by the Regulations of
the Supreme Court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 22 Deleted.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
7
77 (Supp. 46)
Article 24 (Destruction or Loss of Registries)
(1) Where the whole or part of a registry has been destroyed or lost, the
Chief Justice of the Supreme Court shall make a public
notice, with a
fixed period not less than three months, to the effect that any person who
applies for restoration of registration
within such period shall maintain the
former priority in such registry.
(2) The Chief Justice of the Supreme Court may, as prescribed by the
Regulations of the Supreme Court, delegate the authority concerning
the
public notice for restoration from destruction or loss under paragraph (1)
to the chief judge of a district court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 25 (Measures for Prevention of Destruction or Loss)
(1) When
registries and documents attached thereto are likely to be
destroyed or lost, the Chief Justice of the Supreme Court may issue orders
to take necessary measures.
(2) The Chief Justice of the Supreme Court may, as prescribed by the
Regulations of the Supreme Court, delegate the authority concerning
orders
for measures under paragraph (1) to the chief judge of a district court.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 26 (Closure of Registries)
(1) When the whole of a registry has been transcribed into a new registry,
the old one shall be closed.
(2) The closed registry shall be preserved permanently.
(3) Articles 14 and 21 shall apply mutatis mutandis to the closed registry.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
CHAPTER PROCEDURES FOR
REGISTRATION
SECTION 1 Common Provisions
Article 27 (Principles of Application)
(1) Unless there are any express provisions in any Acts to the contrary,
no registration shall be filed without an application by
the person concerned
or upon the commission of a public office.
(2) Unless there are any express provisions in any Acts to the contrary,
the provisions concerning registration by application shall
apply mutatis
REGISTRATION OF REAL ESTATE ACT
78(Supp. 46)
mutandis to the procedures for registration upon commission.
(3) Any person who intends to file for registration shall pay fees
as
prescribed by the Regulations of the Supreme Court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 28
(Applicant for Registration)
Registration shall be filed by a person entitled to registration and an obligator
for registration or his/her agent by presenting
himself/herself at a
registration office: Provided, That if such agent is an attorney or a certified
judicial scrivener (including
a law firm, a law firm with limited liability,
a judicial association, or a joint corporation of judicial scriveners), he/she
may
have a clerk prescribed by the Regulations of the Supreme Court attend
a registration office and apply for registration.
[This
Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 29 (Applicants for Registration due to Court Judgment or
Inheritance)
Any application for registration due to a judgment by a court may be filed
individually by a person entitled to registration or
a an obligator for
registration who has won the case, and an application for registration due
to inheritance may be filed individually
by a person entitled to registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 30 (Applicants for Registration
of Association, etc. other than
Juristic Person)
(1) As for registration of real estate belonging to an association or foundation,
other than families of the same clan, family members
of the same clan,
a juristic person which has the representative or manager, such association
or foundation shall be a person entitled
to registration or an obligator for
registration.
(2) Applications for registration under paragraph (1) shall be filed in the
name of such association or foundation by its representative
or manager.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 31 (Application for Registration of Change in
Registered
Titleholder)
Applications for registration of change or revision of indication of a registered
titleholder may be filed individually by the registered
titleholder.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 32 (Registration of Seizure due to Disposition
on Default)
In cases where a public office entrusts registration of seizure due to
7
79 (Supp. 46)
disposition on default, it shall, on behalf of a registered titleholder or an
heir, entrust a registration office with indication
of real estate, change
or revision of indication of the registered titleholder, or registration of
transfer of rights due to inheritance.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 33 (Registration of Seizure due to Disposition on Default)
Articles 52, 57 (3), 68 and 73 shall apply mutatis mutandis to registration
under Article 32.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 34 (Registration of Transfer of Rights due to Disposition by
Public
Auction, etc.)
A public office which has made disposition by public auction shall, if it
is requested by a person entitled to registration, entrust
a registration
office with registration of the following subparagraphs with a written
commission accompanied by a document certifying
the grounds for
registration without delay:
1. Registration of transfer of rights due to disposition by public auction;
2. Cancellation of registration of rights extinguished due to disposition
by public auction;
3. Cancellation of registration of seizure concerning disposition on default.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 35 (Registration of Rights on State or Public Real Estate)
A public office shall entrust a registration office
with registration of real
estate owned by the State or a local government without delay at the request
of a person entitled to
registration with a written commission accompanied
by a document certifying the grounds for registration.
[This Article Wholly
Amended by Act No. 8922, Mar. 21, 2008]
Article 36 (Registration of Rights Acquired with Respect to State or Public
Real Estate)
(1) When a public office has acquired rights to real estate, it shall entrust
a registration office with registration of such right
without delay a written
commission accompanied by a document certifying the grounds for
registration and a letter of consent of
the obligator for registration.
(2) In cases of a registration for change, revision or restriction on disposition
of the rights
to real estate a public office has acquired, where the public
office is a person entitled to registration, it shall entrust a registration
office with such registration ex officio, and where the public office is an
REGISTRATION OF REAL ESTATE ACT
80(Supp. 46)
obligator for registration, it shall entrust a registration office with such
registration at the request of a person entitled to
registration, with a written
commission accompanied by a document certifying the grounds for
registration without delay. However,
it shall also attach a letter of consent
of an obligator for registration thereto if the public office is a person entitled
to
registration.
(3) Registration of extinguishment of the rights to real estate acquired
by a public office shall be entrusted without delay to
a registration office
by such public office, at the request of a person entitled to registration,
with a written commission accompanied
by a document certifying the grounds
for registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 37 (Provisional Registration)
Any person entitled to provisional registration may apply for provisional
registration with a written application accompanied by
a letter of consent
of the obligator for provisional registration or an original copy of the order
of a provisional injunction.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 38 (Provisional Registration and Injunction)
(1) A district
court having jurisdiction over the location of real estate shall
issue an order of provisional injunction of Article 37 in cases
where a person
entitled to provisional registration vindicates the grounds for provisional
registration at his/her request.
(2) A person entitled to provisional registration may make an immediate
appeal against a decision of rejection of the request under
paragraph (1).
(3) The Non-Contentious Case Litigation Procedure Act shall apply mutatis
mutandis to an immediate appeal under
paragraph (2).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 39 (Notice Registration)
A court which has accepted a lawsuit prescribed by Article 4 shall entrust,
without delay, notice registration to a registration
office ex officio with
a written commission accompanied by a certified copy or an abstract of
a complaint.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 40 (Documents Required for Application for Registration)
(1)
When an application for registration is filed, the following documents
shall be submitted:
81 (Supp. 46)
1. A completed application form;
2. A document certifying the grounds for registration;
3. A registration certificate concerning the right of an obligator for
registration;
4. When permission, agreement or consent of a third party is necessary
for the grounds for registration, a document certifying it;
5. When a representative applies for registration, a document certifying
his/her authority;
6. When an application for registration of initial ownership of real estate
or ownership transfer is filed, a document certifying
the address of
an applicant;
7. Where a juristic person is a person entitled to registration, a certified
copy or an abstract of the corporate registry, and where
an association
or a foundation other than a juristic person (including an association
or a foundation which has not completed its
corporate registration in
the Republic of Korea as a foreign juristic person; hereinafter the same
shall apply) or a foreigner
is a person entitled to registration, a document
certifying the registration number for registration of real estate
prescribed
by Article 41-2;
8. Where an application for registration of ownership transfer is filed,
a certified copy of land cadastre, forest land cadastre
or building
ledger, or other documents certifying an indication of real estate;
9. Where an application for registration of ownership transfer is filed with
a sale and purchase agreement as a document certifying
the grounds
for registration, a certificate of trade report and a list of sale and purchase
prescribed by the Regulations of the
Supreme Court.
(2) Deleted.
(3) Where a document certifying the grounds for registration is a court
judgment which has execution power, it is not necessary
to submit documents
under paragraph (1) 3 and 4. Where an obligator for registration who has
won the case applies for registration
under Article 29, however, he/she
shall submit the document under paragraph (1) 3.
(4) If registration on rights of an obligator for registration is filed by an
application or a commission falling under the subparagraphs
of Article
68 (1), a notice of the completion of registration under Article 68 (1) shall
be submitted in lieu of the document under
paragraph (1) 3.
REGISTRATION OF REAL ESTATE ACT
82(Supp. 46)
Article 41 (Matters to be Stated in Application Forms)
(1) Matters falling under the following subparagraphs shall be stated in
an application form to or on which an applicant shall state his/her name
and affix his/her seal, or sign his/her name: Provided,
That part of the
stated matters may be omitted in case of registration prescribed by the
Regulations of the Supreme Court:
1. The location and a lot number of real estate;
2. Land category and area;
3. Name or title and address of an applicant;
4. Where a representative applies for registration, his/her name and
address;
5. Cause of registration and date, month and year thereof;
6. Purpose of registration;
7. Indication of a registration office;
8. Date, month and year;
9. Where an application for registration of ownership transfer is filed with
a sale and purchase agreement as a document certifying
the grounds
for registration, the transaction value entered in the document under
Article 40 (1) 9.
(2) When the name or title of a person entitled to registration is entered
pursuant to paragraph (1) 3, his/her resident registration
number shall
also be entered. In such cases, if the person entitled to registration has
no resident registration number, the registration
number for registration
of real estate under Article 41-2 shall also be entered.
(3) When an application for registration under
Article 30 is filed, not only
the name and address of the representative or manager of an association
or a foundation other than
a juristic person but also his/her resident
registration number shall be entered.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 41-2 (Procedure for Assigning Registration Numbers)
(1) Registration
number for registration of real estate (hereinafter referred
to as registration number ) to be entered with the name and title of
a
person entitled to registration shall be assigned in the following manner:
1. Registration number for the State, a local government, an international
organization or a foreign government shall be designated
and publicly
announced by the Minister of Public Administration and Security;
7
83 (Supp. 46)
2. Registration number for a Korean national residing abroad having no
resident registration number shall be assigned by a registration
officer
of the registration office having jurisdiction over the seat of the Supreme
Court, and registration number for a juristic
person shall be assigned
by a registration officer of the registration office having jurisdiction
over the seat of its principal
office (referring to the head office in cases
of a company, and the domestic business office in cases of a foreign
company);
3. Registration number for an association or a foundation other than a
juristic person shall be assigned by the head of a Si (the
head of a
Gu in cases of a Si where Gus are established therein)/Gun;
4. Registration number for a foreigner shall be assigned by the chief of
the Local Immigration Office or the chief of a branch office
of the Local
Immigration Office having jurisdiction over his/her place of sojourn
(if he/she has no place of sojourn in the Republic
of Korea, it shall
be deemed that his/her place of sojourn is in the seat of the Supreme
Court).
(2) Procedures for assigning registration numbers under paragraph (1)
2 shall be prescribed by the Regulations of the Supreme Court,
and those
for assigning registration numbers under paragraph (1) 3 and 4 shall be
prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 42 (Cases of Buildings)
(1) If an object of the right to be registered is a building, its type, structure
and area shall be stated in the application in
addition to the matters under
Article 41 (1) 1, 3 through 8, and if there are several buildings on one or
several lots of land,
their numbers shall be stated, and if there is any annexed
building, its type, structure and area shall be stated.
(2) In cases
of paragraph (1), if a building is the one sectioned from a
single building, the location, lot number, type, structure and area
of such
single building shall be stated, and if there are several buildings on one
or several lots of land, their numbers shall
be stated: Provided, That the
matters in Article 41 (1) 1 shall not be stated.
(3) In cases of paragraph (2), when single building s number is stated
in the application, the structure and area of such single
building shall
not be stated, except in cases where an application for registration for
REGISTRATION OF REAL ESTATE ACT
84(Supp. 46)
indication of the building or registration of initial ownership of real estate
is filed.
(4) In cases of paragraph (2), when there is a matter which one cannot
dispose of separate from a building in the sectioned building
as the right
to use a site under subparagraph 6 of Article 2 of the Act on the Ownership
and Management of Aggregate Buildings
(hereinafter referred to as right
to a site ), such right shall be stated in the application.
(5) When an application is filed
pursuant to paragraph (4), if it falls under
any of the following subparagraphs, the relevant agreement or notarial
deed shall
be attached to the application:
1. When land which is an object of the right to a site is a site of a building
under Article 4 of the Act on the Ownership and Management
of Aggregate
Buildings;
2. When the ratio of the right to a site owned by each sectional owner is
the ratio under the proviso to Article 21 (1) and (2) of
the Act on the
Ownership and Management of Aggregate Buildings;
3. When the right to use a site held by an owner of a partitioned building
with regard to the land on which a building to which the
partitioned
building belongs is located under subparagraph 5 of Article 2 of the
Act on the Management and Ownership of Aggregate
Buildings is not
the right to the site.
(6) In cases under paragraph (4), when land which is the object of the
right to a site is under the jurisdiction of another registration
office, a
certified copy of such registry shall be attached to the application.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 43 (Cases of Special Agreement for Repurchase)
In cases where an application for registration of a special agreement
for
repurchase is filed, the price paid by a purchaser and the cost for purchase
shall be stated in the application, and the period
for repurchase shall
be stated if it is fixed in the grounds for registration.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 43-2 (Cases of Agreement on Extingishment of Rights)
In cases where there is, as the grounds for registration,
an agreement
on extinguishment of the right which is an object of registration, such
matters agreed shall be stated in the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
7
85 (Supp. 46)
Article 44 (Cases of Two or More Persons Entitled to Registration)
(1) In cases where there are two or more persons entitled to
registration,
their shares shall be stated in the application.
(2) In cases under paragraph (1), when the right to registration is owned
jointly, such purport shall be stated in the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 45 (Cases of No Deed of Grounds for Registration)
In cases
where a document certifying the grounds for registration is
nonexistent from the beginning or such document cannot be submitted,
a duplicate of the application shall be submitted.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 46 (Cases
of Inheritance)
In cases where the ground for registration is inheritance, a document
certifying inheritance issued by the head of a Si/Gu/Eup/Myeon
or a
document certifying such inheritance shall be attached to the application.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 47 (Application by Heir)
In cases where an applicant is an heir of a person entitled to registration
or an obligator for registration, a document certifying
such identity issued
by the head of a Si/Gu/Eup/Myeon or a document certifying such identity
shall be attached to the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 48 (Changes or Revisions of Indication of Registered Titleholder)
(1) In cases where an application for registration of change or revision
of indcation of a registered titleholder, a document certifying
such change
or revision of indication issued by the head of a Si/Gu/Eup/Myeon or a
document certifying such change or revision
shall be attached to the
application.
(2) When an application for registration of ownership transfer is filed,
in cases where indication of an obligator for registration
in the application
is inconsistent with that in the registry due to a change of address of a
registered titleholder, if the fact
that the address of an obligator for
registration in the registry has changed to that in the application is obviously
indicated
in a document certifying the address issued by the head of a
Si/Gun/Eup/Myeon which has been submitted at the time of an application
for such registration, a registration officer shall make registration, ex officio,
for change in indication of a registered titleholder.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
REGISTRATION OF REAL ESTATE ACT
86(Supp. 46)
Article 48-2 (Registration for Change of Name of Managing Authority
for State Real Estate)
When the managing authority has been changed due to administrative
conversion, etc. of State property, a new office of administration
shall, without
delay, entrust a registration office with registration for change of indication
of a registered titleholder with
a document certifying the fact that the
managing authority has been changed attached thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 49 (Cases of Destruction or Loss of Registration Certificate)
(1) In cases where a registration certificate for the right of an obligator
for registration or a notice of completion of registration
under Article 68
is destroyed or lost, such obligator for registration or his/her legal
representative shall present himself/herself
at a registration office: Pro-
vided, That this shall not apply to cases where an agent by delegation
(referring to a lawyer or
a certified judicial scrivener only) attaches two
copies of a document confirming that he/she has been delegated by the
obligator
for registration in the application or his/her legal representative,
or one copy of a duplicate for the part drawn up by the obligator
for registration
of the application (in cases where an application is filed by an agent by
delegation, a document certifying such
authority) after having obtained
authentication thereof to the application.
(2) In the case of the main sentence of paragraph (1), the registration
officer shall identify whether he/she is the person himself/herself
by means
of the resident registration certificate, passport or other certificates
prescribed by the Regulations of the Supreme
Court, prepare a protocol
accompanied by a copy of such certificate, and affix his/her name and seal
thereon.
(3) Paragraph (2) shall apply mutatis mutandis to cases where an agent
by delegation prepares the confirming document under the
proviso to
paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 49-2 Deleted.
87 (Supp. 46)
Article 51 (Package Application for Several Items of Real Estate)
In cases where an application for registration of several items
of real estate
located within the jurisdiction of the same registration office is filed, an appli-
cation for registration may
be filed with the same application only when
the grounds for registration and the purpose of such registration are the
same.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 52 (Registration by Right of Subrogation of Creditor)
When
a creditor applies for registration by subrogation of a debtor under Article
404 of the Civil Act, names, titles, or addresses or
offices of the creditor
and debtor, and the grounds for subrogation shall be stated in the application,
and a document certifying
the grounds for subrogation shall be appended
thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 53 (Receipt of Application)
(1) A registration officer shall, upon receipt of an application, enter the
purpose of registration, name or title of the applicant,
and the date and
number of receipt in the receipt book and the date and number of receipt
in the application: Provided, That in
cases where several applications
have been filed for the same real estate simultaneously, he/she shall enter
the same receipt number.
(2) A registration officer shall enter the date and number of receipt in
an application receipt or other documents, which shall
be delivered to the
applicant thereafter.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 54 (Order of Registration)
A registration officer shall make registration pursuant to the order of the
receipt numbers.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 55 (Rejection of Applications)
A registration officer shall, only where an application falls under any of
the following subparagraphs, reject such application
with a decision stating
the reason therefor: Provided, That this shall not apply to cases where
an applicant corrects errors on
that day, if such errors in the application
may be corrected:
1. Where the case does not fall under the jurisdiction of such registration
office;
2. Where the case is not a matter to be registered;
REGISTRATION OF REAL ESTATE ACT
88(Supp. 46)
3. Where the party concerned or his/her representative is not present;
4. Where the application does not satisfy the form;
5. Where an indication of real estate or the right which is the object of
registration stated in the application is not in conformity
with the
registry;
6. Where an indication of an obligator for registration is not in conformity
with the registry, except in cases where a document
under Article 47
is submitted;
7. Where the matters stated in the application are not in confirmity with
a document proving the grounds for registration;
8. Where required documents or drawings are not appended to the
application;
9. Where the applicable registration tax or fees under Article 27 (3) is
not paid, or a duty imposed on him/her by other Acts in
connection
with an application for registration is not performed;
10. Where an application for registration is filed pursuant to Articles 90,
101, subparagraph 1 of Article 130, or subparagraph 1
of Article 131,
the matters entered in the application are not in confirmity with the
land cadastre, forest land cadastre or building
ledger;
11. Where an application for registration violates Article 56;
12. In an application for registration of a sectioned building, where matters
concerning indication of a building which is the object
of such sectional
ownership, as a result of a registration officer s inspection, do not satisfy
Article 1 or 1-2 of the Act on
the Ownership and Management of Aggregate
Buildings;
13. Where an application for registration violates Article 170 (4).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 56 (Non-conformity in Indication between Registry and Cadastre)
(1) Where an indication of real estate stated in the registry
is not in
conformity with the land cadastre, forest land cadastre or building ledger,
the registered titleholder of such real estate
shall not apply for another
registration for such real estate, unless he/she makes registration for a
change in the indication
of such real estate.
(2) Where the indication of a registered titleholder stated in the registry
is not in conformity with the land cadastre, forest
land cadastre or building
ledger, such registered titleholder shall not apply for another registration
for the relevant real estate,
unless he/she makes registration for a change
7
89 (Supp. 46)
in the indication of the registered titleholder.
(3) In cases of subparagraph 12 of Article 55, a registration officer shall,
without delay, notify the competent authorities of
the building ledger of
such reason.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 56-2 (Investigative Authority of Registration Officer)
(1)
A registration officer may, if deemed necessary when he/she has received
an application for registration of a sectioned building,
inspect matters
concerning the indication of such building.
(2) If deemed necessary when making inspection under paragraph (1),
a registration officer may investigate such building and request
the building
owner or other interested persons to submit documents, and may question
them. In such cases, the relevant registration
officer shall carry a certificate
indicating his/her authority and present it to interested persons.
[This Article Wholly Amended
by Act No. 8922, Mar. 21, 2008]
Article 57 (Matters to be Entered in Registration)
(1) When registration is filed in the indication
column, the receipt date
of an application and the matters concerning indication of real estate entered
in the application shall
be stated, and where there is a right to a site
on a sectioned building, matters concerning the indication of such right
shall
be stated, and the registration officer shall affix his/her seal thereon.
(2) When registration is filed in the item column, the
receipt date of an
application, the receipt number, name or title, address or the location
of office of the person entitled to
registration, the grounds for registration,
its date, purpose of registration, and matters concerning the right to be
registered
as other matters stated in the application shall be stated, and
where the person entitled to registration is an association or a
foundation
which is not a juristic person, the name and address of its representative
or manager shall be stated as well, and the
registration officer shall affix
his/her seal thereon. In such cases, Article 41 (2) shall apply mutatis mutandis
to cases where
the name or title of the person entitled to registration is
entered, and Article 41 (3) shall apply mutatis mutandis to cases where
the name and address of the representative or manager of an association
or a foundation which is not a juristic person is entered
as well.
(3) When registration is filed by receipt of an application under subrogation
right of a creditor under Article 52, the
name or title, address or office
REGISTRATION OF REAL ESTATE ACT
90(Supp. 46)
of the creditor and the grounds for subrogation in addition to the matters
under paragraph (2), shall be stated in the item column.
(4) Where registration of ownership transfer is filed with a sales and
purchase agreement as a document certifying the grounds
for registration,
the transaction value entered in the document under Article 40 (1) 9 shall
be entered in the column of a person
entitled to registration and other
items column in Section A.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 57-2 (Registration Seeking Right to Site)
(1) Where registration
of a right to a site has been filed in the registration
form of a building, the purport that there is a right to a site shall be
registered
in the item column for the relevant section of the registration form of land
which is the object of such right.
(2) Where registration under paragraph (1) is filed, the purport indicating
which right is the right to a site, matters sufficient
to indicate a building
the right to the site of which has been registered and its date shall be
stated, and a registration officer
shall affix his/her seal thereto.
(3) Where land which is the object of the right to a site is under the
jurisdiction of another
registration office, matters to be registered under
paragraph (2) shall be without delay notified to such registration office.
(4) The registration office in receipt of the notification under paragraph (3)
shall register the notified matters in the item column
of the relevant section
of the registration form of land that is an object of the right to a site.
[This Article Wholly Amended
by Act No. 8922, Mar. 21, 2008]
Article 57-3 (Aquisition of Right to Use Site)
(1) Where a person who has built a building referred to in Article 1 or
1-2 of the Act on the Ownership and Management of Aggregate
Buildings
has the right to use a site, and where he/she has completed the registration
of ownership transfer on a sectioned building
only without registering the
right to the site, he/she may apply for registration of transfer of the right
to use the site jointly
with the current sectional owners.
(2) Article 40 (1) 2 and 6 shall not apply to an application under paragraph
(1).
(3) Paragraphs (1) and (2) shall apply mutatis mutandis to cases where
a person who has built and transferred a sectioned building
agrees to
acquire and transfer the right to use a site of such building later.
7
91 (Supp. 46)
(4) Registration under paragraphs (1) and (3) shall be applied for
simultaneously with registration of the right to a site.
[This
Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 58 (Entry in Joint Roster)
(1) Where two or more persons are entitled to registration, the name or
title, address or the location of office, resident registration
number of the
person first registered on the application, or the registration number under
Article 41-2 and the number of other
persons, shall be stated on the
registration form, and the names or titles, addresses or the location of offices,
resident registration
numbers of the persons entitled to registration, or
the registration numbers under Article 41-2 may be entered in the joint
roster.
(2) Paragraph (1) shall apply mutatis mutandis to cases where the name
or title, the address or location of the office of the obligator
for registration
is to be stated in the registration form, if there are two or more obligators
for registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 59 (Entry of Numbers)
When registration is filed in the indication column, the number shall be
entered in the indication number column, and when registration
is filed
in the item column, the number shall be entered in the priority number
column.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 60 (Entry of Additional Registration Number)
When the priority
number of additional registration is entered, number
of its main registration shall be used, and the number of addition shall be
entered below such number.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 61 (Entry of Provisional Registration)
A provisional registration shall be stated in the item column of the relevant
section in the registration form, below which a margin
shall be left.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 62 (Entry of Principal Registration after Provisional
Registration)
When an application for principal registration is filed after a provisional
registration has been filed, the statement
thereof shall be entered in the
margin beneath the provisional registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 63 (Application for Registration of Change of Right)
REGISTRATION
OF REAL ESTATE ACT
92(Supp. 46)
Where a third party has an interest in the registration with regard to reg-
istration for change of a right, such registration shall
be filed by an addi-
tional statement only when the relevant written consent or a certified
copy of a court judgment in opposition
thereto has been appended to the
application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 64 (Entry of Registration of Change of Right)
When registration
of change of a right has been filed, the matters registered
prior to the change shall be crossed out with red lines.
[This Article
Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 64-2 (Entry of Registration of Redemption, etc.)
(1) Registration of a special
contract for redemption shall be stated in
addition to registration of acquisition of rights by a purchaser.
(2) Registration under
paragraph (1) shall be cancelled in cases where
registration of acquisition of rights due to redemption is filed.
(3) Paragraphs
(1) and (2) shall apply mutatis mutandis to the registration
of agreement on extinguishment of a right, which is an object of registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 65 (Entry of Registration of Change of Registered Titleholder)
(1) Registration of change or revision of the indication of a registered
titleholder shall be filed by means of additional entry.
(2) When registration under paragraph (1) has been filed, the indication
prior to the change or revision shall be crossed out with
red lines.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 66 (Change of Administrative Districts)
Where the administrative districts or their names have been changed,
the administrative districts or their names entered in the
registry shall
be deemed to have been changed. The same shall apply when changes in
the former lots or their names, other than
the administrative districts,
have been made.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 67 (Issuance of Registration Certificate)
(1) Where a registration
officer has completed registration, he/she shall
state the date of receipt of the application, receipt number, priority number,
and the purport that registration has been completed in the document
proving the grounds for registration or on a copy of the application,
and
affix the official seal of the registration office thereon, and deliver it to
7
93 (Supp. 46)
the person entitled to registration.
(2) The purport that registration has been completed shall be stated and
the official seal of a registration office shall be affixed
on the registration
certificate appended to an application, a copy of one of the confirmation
documents or a duplicate of the notarized
document under the proviso to
Article 49 (1), or a certified copy of the protocol under paragraph (2) of
the same Article, which
shall be returned or delivered to the obligator
for registration: Provided, That where there are two or more registered
titleholders,
and if one of them is an obligator for registration, the name
or title of such obligator for registration shall also be stated.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 68 (Notification, etc. of Completion of Registration)
(1)
When a registration officer has completed registration in cases under
the following subparagraphs, he/she shall notify a person
entitled to
registration of such fact:
1. Application for registration by an obligator for registration who has
won the case under Article 29;
2. Application for registration by a subrogated creditor under Article 52;
3. Entrustment of registration of caveat on disposal of ownership under
Article 134.
(2) In cases under paragraph (1) 1 or 2, the documents under Article
67 (1) shall be issued to a obligator for registration, who
has won the
case, or a subrogated creditor.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 68-2 (Notification of Completion of Registration)
A registration
officer shall, where he/she has completed registration under
the following subparagraphs, notify without delay, the competent
authorities
of the cadastral register in cases of land, and the competent
authorities of the building ledger in cases of a building, of such
fact:
1. Initial ownership of real estate or ownership transfer;
2. Change or revision of the indication of a registered titleholder;
3. Change or revision of ownership;
4. Cancellation of ownership or reinstatement after cancellation.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article
68-3 (Forwarding of Taxation Data)
A registration officer shall, where he/she has completed registration of
REGISTRATION OF REAL ESTATE ACT
94(Supp. 46)
initial ownership of real estate or ownership transfer (including a
provisional registration), forward without delay a duplicate
of the relevant
application to the head of a competent district tax office having jurisdiction
over the location of the real estate.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 69 (Notification to Obligator for Registration in Cases of
Destruction or Loss of Registration Certificate)
In cases under Article 49, when a registration officer has completed
registration, he/she shall notify an obligator for registration
of the indication
of real estate, the grounds for registration, its date, name or title, address
or the location of office of a
person entitled to registration, purpose of
registration and the purport of completion of registration: Provided,
That where there
are two or more obligators for registration, notification
to one of them shall be deemed to suffice.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 70 (Issuance of Registration Certificate in Case of Registration
by
Entrustment)
When a public office receives a registration certificate from a registration
office, in cases where it has been entrusted with registration
for a person
entitled to registration, it shall deliver the registration certificate without
delay to the person entitled to registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 71 (Notification of Error or Omission)
Where a registration officer discovers, after he/she has completed
registration, any error or omission in the registration, he/she
shall notify
a person entitled to registration and an obligator for registration of such
fact without delay: Provided, That where
persons entitled to registration
or obligators for registration are two or more, notification to one of the
persons entitled to
registration or one of the obligators for registration
shall be deemed to suffice.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 72 (Revision of Registration Ex Officio)
(1) Where a registration officer discovers that an error or omission in
registration has been made due to his/her own fault, he/she
shall correct
the same without delay: Provided, That this shall not apply to cases where
a third person has an interest in the
registration.
7
95 (Supp. 46)
(2) A registration officer shall, where he/she has made revision in
registration under the main sentence of paragraph (1), report
such purport
to the chief judge of the district court, and notify a person entitled to
registration and an obligator for registration
of such purport. In such cases,
where persons entitled to registration or obligators for registration are two
or more, he/she may
notify one of the persons entitled to registration or one
of the obligators for registration thereof.
(3) In cases under the main sentence of paragraph (1), notification under
Article 71 shall not be required.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 73 (Notification of Revision in Registration)
In cases of
registration under a subrogation right of creditor under Article
52, notification under Articles 71 and 72 shall be made to the
creditor
as well.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 74 (Entry of Revisions in Registration, etc.)
Articles 63
and 64 shall apply mutatis mutandis to cases where revision
of registration is made on part of the matters registered.
[This Article
Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 75 (Application for Registration of Restoration)
Where an application for
restoration of a cancelled registration is filed, if
a third person has an interest in such registration, his/her letter of consent
or a certified copy of a court judgment in opposition thereto shall be attached
to the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 76 (Registration of Restoration)
When registration is restored with a receipt of an application for restoration,
registration which is the same as the cancelled
registration shall be filed
again after registration of restoration has been filed: Provided, That where
part of the matters registered
has been cancelled, such matter shall be
re-registered by means of additional registration.
[This Article Wholly Amended by Act
No. 8922, Mar. 21, 2008]
Articles 77 and 78 Deleted.
Article 80 (Registration of Restoration of Destroyed or Lost Registry)
REGISTRATION OF REAL ESTATE ACT
96(Supp. 46)
Where an application under Article 79 is filed, the priority number of, and
the receipt date and the receipt number of the former
application for, the
former registration shall be stated in the application and the former
registration certificate shall be appended
thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 81 (Registration of Restoration of Destroyed or Lost
Registry)
(1) When registration is filed with the receipt of an application under Article
79, the lot number of the relevant land
or the lot number of the relevant
building site shall be stated in the registration number column, indication
of real estate shall
be made in the indication column, the former registration
number shall be stated in the relevant former priority number column,
and the receipt date and receipt number of the application for the former
registration shall be stated in the item column.
(2) Where a registration officer has discovered, when registration of
restoration is filed, any matters entered ex officio in the
former registration,
he/she shall also state such matters in the registration of restoration.
[This Article Wholly Amended by Act
No. 8922, Mar. 21, 2008]
Article 82 (Filing of Applications in Binder Book)
(1) Applications for new registration, notifications
and permits received
in the period fixed under Article 24, shall be filed in the binder book for
applications in receipt number
order.
(2) In cases of filing pursuant to paragraph (1), matters to be registered
shall have the same effect of registration when filed
in such binder book.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 83 (Binding Certificates)
(1) Articles 67 through 70 shall apply mutatis mutandis to cases where
a registration officer has completed filing under Article
82 (1).
(2) Where a registration certificate is to be appended to the application,
a binding certificate under paragraph (1) may
be appended to the application
in place of it.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 84 (Entry in Registry Pursuant to Binder Book of Applications)
(1) Where the period fixed under Article 24 has expired, it shall be, without
delay, stated in the registry pursuant to the documents
under Article
82 (1).
(2) In cases under paragraph (1), the purport that registration has been
filed pursuant to the documents under Article 82 (1) and
the date thereof
7
97 (Supp. 46)
shall be stated at the end of the registration in the indication column
and the item column, and a registration officer shall affix
his/her seal thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 85 (Issuance of Registration Certificate)
(1) Where an entry has been made in the registry pursuant to Article
84 (1), the person concerned shall be notified of the purport
that a
registration certificate is to be issued, and where the registration restored
is not in conformity with the registration
entered pursuant to the same
paragraph, the purport thereof shall also be notified concurrently.
(2) Where the person concerned
applies for the issuance of a registration
certificate, he/she shall submit a binding certificate under Article 83 (1).
(3) Article
67 shall apply mutatis mutandis to cases where an application
under paragraph (2) has been filed.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 86 (Transcription to New Registration Form)
(1) Where it becomes
inconvenient to handle registration due to the large
number of pages of the registration form, the registration thereof may
be
transcribed to a new registration form.
(2) In cases under paragraph (1), the purport of transcription of the
registration under paragraph (1) and the date thereof shall
be stated
at the end of the registration transcribed in the title section and the item
column, and a registration officer shall
affix his/her seal thereto.
(3) When the transcription of registration is made pursuant to para graph
(1), the former registration
form shall be closed.
(4) Paragraphs (1) and (2) shall apply mutatis mutandis to cases where
it becomes inconvenient to handle
registration due to the large number
of pages of the title section or each section.
(5) Where registration has been transcribed pursuant to paragraph (4),
the forms of the former title section or each section shall
be deemed
to be the closed registration forms.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 87 (Transcription or Copying of Registration)
Where registration
is transcribed or copied, only the currently valid
registration shall be transcribed or copied: Provided, That in cases where
registration
of subdivision of land is filed for the purpose of cancellation
or restoration of registration of a part of the land in cases under
Article
94 (1), registration of ownership and other rights concerning the relevant
REGISTRATION OF REAL ESTATE ACT
98(Supp. 46)
parts shall be wholly transcribed within the extent necessary for cancellation
or restoration of such registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 88 (Mode of Entry, etc. of Writing)
(1) When registration is filed, or applications or other documents
concerning registration are drawn up, writing shall be clearly
legible.
(2) Deleted.
(3) Writing shall not be changed. If any letters have been corrected,
inserted or deleted, the relevant number of writing shall
be stated in the
margin, and a parenthesis shall be placed before and after the writing
concerned, and the seal shall be affixed
thereto. The image of deleted writing
shall remain so that they may be deciphered.
SECTION 2 Registration Procedures concerning
Ownership
Article 89 (Partial Transfer of Ownership)
When an application for registration of partial transfer of ownership is
filed, the share thereof shall be stated in the application,
and where
an agreement under the proviso to Article 268 (1) of the Civil Act exists
in the grounds for registration, it shall be
stated therein.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 90 (Destruction or Loss, etc. of Land)
Where there is a subdivision or combination, destruction or loss, increase
or decrease in the area of land, or change of land category,
the registered
titleholder of such land shall apply for registration thereof within one
month.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 90-2 (Ex Officio Registration of Change in Indication)
(1)
Where a registration office has received notification under the latter
part of Article 36 (3) of the Cadastral Act from the competent
authorities
of the cadastral records, if no application for registration is filed within
the period under Article 90, a registration
officer shall make ex officio
registration of changes pursuant to the details stated in such notification
in the indication column
of the registration form.
7
99 (Supp. 46)
(2) When registration under paragraph (1) has been filed, a registration
office shall, without delay, notify the purport thereof
to the competent
authorities of the cadastral records and the registered titleholder.
(3) The proviso to Article 71 shall apply
mutatis mutandis to the cases
under paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 90-3 (Restriction on Combining Lots of Land)
(1) With respect
to land where rights other than registration of ownership,
superficies, rights to lease on a deposit basis, leasehold interests,
and
easements on the subservient estate are registered, registration of land
combination shall not be filed: Provided, That this
shall not apply to cases
where registered a mortgage the grounds for registration, its date and the
receipt number of which are
the same as all the land.
(2) When a registration officer has dismissed an application for registration
which has violated paragraph
(1), he/she shall, without delay, notify the
competent authorities of the cadastral records of the grounds thereof.
[This Article
Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 90-4 (Special Cases of Combining Lots of Land)
(1) Even in cases where registration
of ownership transfer has been filed
with respect to a part of the combined land prior to the registration of
land combination
after completion of the land combination procedure under
the Cadastral Act, the owners of the relevant land may jointly apply for
registration of land combination with a letter of consent of the interested
parties attached to the application for joint ownership
of the land after
combination of lots of land.
(2) Even in cases where registration in relation to the right falling under
the grounds for restriction on registration of land
combination prescribed
by Article 90-3 (1) has been filed with respect to a part of the combined
land prior to the registration
of land combination after completion of the
land combination procedure under the Cadastral Act, the owners of the
relevant land
may apply for registration of land combination with a letter
of consent of the interested parties attached to the application, which
converts the object of such right into shares in the land after combination
of lots of land: Provided, That where easement is registered
on the dominant
estate, an application for registration of land combination shall be filed
opening the easement to the whole lots
of land after combination of lots
REGISTRATION OF REAL ESTATE ACT
100(Supp. 46)
of land.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 91 (Application for Registration of Destruction or Loss, etc.
of
Land)
Where an application for registration is filed pursuant to Article 90, the
subdivision or combination, destruction or loss of land,
increase or decrease
of the area, the current area or new land category shall be stated in the
application and a certified copy
of land cadastre or forest land cadastre
shall be attached thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 91-2 (Application for Registration of Subdivision of Land)
Where superficies, rights to lease on a deposit basis, leasehold interests
or easements on the subservient estate are registered
on part of a lot
of land, when an application for registration of subdivision of such land
is filed, land where such right continues
to exist shall be stated in the
application and the document of a person holding the right proving for
it shall be appended thereto.
In such cases, if such right continues to exist
on a part of the land, the relevant part of land shall be stated in the application
and a drawing indicating such part shall be appended thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article
92 Deleted.
(1) Where land A is divided and a part thereof is made into land B, if
registration of such subdivision of land is filed, the lot
number shall be
stated in the registration number column in the registration form, and
the purport that transcription has been
made, due to a division, from a
registration form of the land under registration number XXXX shall be
stated in the indication
column.
(2) When the procedures under paragraph (1) have been completed, the
indication of the remaining part shall be stated in the indication
column
in the registration form for land A, and the purport that another part
has been transcribed, due to the division, in the
registration form for the
land under registration number XXXX shall be stated, and the former
indication and its number shall be
crossed out with red lines.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 94 (Subdivision of Land)
(1) In cases under Article 93 (1), the registration of the ownership and
7
101 (Supp. 46)
other rights shall be transcribed from the registration form for land A to
the item column for corresponding section in the registration
form for land
B, and the purport that land B is concurrently an object of the relevant
rights, and the receipt date of an application
and the receipt number shall
be stated in the registration of rights other than ownership, and a registration
officer shall affix
his/her seal thereto.
(2) When registration of rights other than ownership has been transcribed
from the registration form for land A to that for land
B, the purport that
land B is concurrently an object of the relevant right shall be additionally
stated in the registration concerning
the relevant right in the registration
form for land A.
(3) When a document proving that a registered titleholder other than
of ownership has consented to the extinguishment of such rights
to land
B or a certified copy of a court judgement in opposition thereto has
been appended to the application, the purport that
such rights have
become extinct shall be additionally stated in the registration concerning
such rights in the registration form
for land A.
(4) When a document proving that a registered titleholder other than
of ownership has consented to the extinguishment of such rights
to land
A or a certified copy of a court judgement in opposition thereto has
been appended to the application, the registration
of such rights shall be
transcribed into the item column for corresponding sections in the registration
form for land B, and the
receipt date and receipt number of the application
shall be entered, and a registration officer shall affix his/her seal thereto.
In such cases, the purport that such rights to land A have become extinct
shall be additionally stated in the registration of such
rights in the
registration form for land A, and such registration shall be crossed out
with red lines.
(5) When there is registration of the right of a third person the objects
of which are the rights under paragraphs (3) and (4),
a document proving
for his/her consent or a certified copy of a court judgement in opposition
thereto shall be appended to the
application.
(6) In cases where documents, etc. under paragraph (5) have been attached,
paragraphs (3) and (4) shall apply mutatis mutandis to
registration of
rights of a third person.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 95 (Subdivision of Land)
REGISTRATION OF REAL ESTATE ACT
102(Supp. 46)
(1) Article 94 (3) shall apply mutatis mutandis when the relevant right
remains in land A alone in cases under Article 91-2, and
Article 94 (4)
shall apply mutatis mutandis when the relevant right continues to exist
in land B alone in cases under Article 91-2.
(2) When registration of subdivision of land is filed in cases under the
latter part of Article 91-2, the portion wherein the right
continues to exist
shall be additionally stated in the registration of superficies, easements,
rights to lease on a deposit basis
or leasehold interests of the registration
forms for land A or land B.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 96 (Subdivision and Combination of Land)
(1) When registration of combination is filed in cases where land A is divided
and its part is combined into land B, the purport
that a transcription has
been made, due to the combination, from the registration form for land
under registration number of XXXX
shall be entered in the indication
column of the registration form for land B, and the former indication and
its number shall be
crossed out with red lines.
(2) In cases under paragraph (1), registration of ownership shall be
transcribed from the registration form for land A to the item
column
for section A in the registration form for land B, and the purport that
such registration concerns only the combined portions
and the receipt date
and receipt number of an application shall be entered, and a registration
officer shall affix his/her seal
thereto.
(3) When superficies, easements, rights to lease on a deposit basis or
leasehold interests in the registration form for land A have
been registered,
the registration of such right shall be transcribed in the item column for
section B in the registration form
for land B, and the purport that only
the combined portions are the object of such rights with land A and the
receipt date and
receipt number of the application shall be entered,
and a registration officer shall affix his/her seal thereto.
(4) Where registration
of ownership, superficies, easements or leasehold
interests are transcribed, if the grounds for registration, its date, purpose
of registration and the receipt number are identical, the number of land
A and the purport that there is registration of identical
matters for such
land shall be entered in the registration form for land B in lieu of the tran-
scription.
(5) When a mortgage or right to lease on a deposit basis with the same
7
103 (Supp. 46)
ground, date, purpose, and the receipt number of registration is registered
with regard to the whole land in cases under paragraph
(1), the purport
that the relevant registration concerns the whole of the land after the
combination shall be additionally stated
in such registration in the
registration form for land B.
(6) Articles 93 (2), 94 (2) through (6) and 95 shall apply mutatis mutandis
to cases under paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 97 (Combination of Land)
(1) Where registration of the land combination is filed in cases of combining
land A with land B, the purport that a transcription
has been made, due
to the combination, from the registration form for the land under registration
number XXXX shall be entered
in the indication column in the registration
form for land B, and the former indication and its number shall be crossed
out with
red lines.
(2) When the procedures under paragraph (1) have been completed, the
purport that a transcription has been made, due to the combination,
to the registration form for the land under registration number XXXX
shall be entered in the indication column in the registration
form for land
A, and after crossing it out with red lines, the indication of land A, its
number and registration number, the relevant
registration form shall be
closed.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 98 (Combination of Land)
(1) In cases under Article 97, registration of ownership shall be transcribed
from the registration form for land A to the item
column for section A
in the registration form for land B, and the purport that the relevant
registration concerns only the portions
which have been land A and the
receipt date and receipt number of the application shall be entered, and a
registration officer
shall affix his/her seal thereto.
(2) When superficies, easements, rights to lease on a deposit basis or
leasehold interests in
the registration form for land A have been registered,
the registration of such right shall be transcribed in the item column for
section B in the registration form for land B, and the purport that only
the portions which have been land A are the object of
such rights and the
receipt date and receipt number of the application shall be entered, and
a registration officer shall affix
his/her seal thereto.
REGISTRATION OF REAL ESTATE ACT
104(Supp. 46)
(3) Article 96 (4) shall apply mutatis mutandis to cases under para graphs
(1) and (2), and Article 96 (5) shall apply mutatis mutandis
to cases
where a mortgage or right to lease on a deposit basis with the same ground,
date, purpose, and the receipt number of registration
is registered with
regard to the whole land.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 99 (Increase or Decrease of Land)
When registration of increase or decrease of the area of land is filed, the
reason for the increase or decrease shall be stated
in the indication column
of the registration form, and the former indication and its number shall
be crossed out with red lines.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 100 (Changes of Land Category or Lot Number)
When registration
of changes in the land category or lot number of land is
filed, the former indication and its number shall be crossed out with red
lines.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 101 (Changes of Indication of Building and Right to Site)
(1) Where there has been a division or combination, changes in the number,
kind, or structure of a building, its destruction or
loss, increase or decrease
of the area, or new construction of an annex, the registered titleholder
of such building shall apply
for registration within one month.
(2) The same shall also apply to cases where there is a change in lot number
of a building site,
or a change or extinction of the right to a site.
(3) A person falling under any of the subparagraphs of Article 131 shall
apply
for registration under paragraphs (1) and (2) of a building, which
is a sectioned building, for which only such indication is registered.
(4) In cases where a building is destroyed or lost, if a registered titleholder
of such ownership fails to apply for its registration
within one month, the
owner of the site of such building may apply for such registration in
subrogation.
(5) Article 52 shall apply mutatis mutandis to cases under paragraph (2)
and Article 131-2 (2) shall apply mutatis mutandis to cases
under paragraph
(4).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 101-2 (Non-Existence of Building)
(1) Where a nonexistent building is registered, the registered titleholder
7
105 (Supp. 46)
of such building shall, without delay, apply for registration of the destruction
or loss of such building.
(2) Article 101 (4) shall apply mutatis mutandis to cases where the
registered titleholder of such building fails to apply for registration
under
paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 102 (Application for Registration of Destruction or Loss of
Building,
etc.)
(1) Where an application for registration is filed pursuant to Articles 101
and 101-2, the following matters shall be entered in
the application:
1. Area of subdivision or combination;
2. New number, new kind, new structure;
3. Area of destruction or loss, non-existence, increase or decrease or new
construction and current area;
4. New lot number of a building site and right to a site after alteration
or extinct right to a site.
(2) Where an application for registration under Article 101 (1) is filed,
a certified copy of a building ledger shall be appended
to the application:
Provided, That this shall not apply to cases of registration of change of
building number and registration
of destruction or loss.
(3) Where an application for registration of destruction or loss under Article
101 (1) or 101-2 is filed,
a certified copy of a building ledger verifying
such destruction, loss or nonexistence, or documents which can verify it,
shall
be appended to the application.
(4) Where an application for registration of alteration, revision or extinction
of a right to a site is filed, any agreement or
notarized document related
thereto, or any document verifying it shall be appended to the application.
In such cases, if land which
is the object of the right to a site falls under
the jurisdiction of another registration office, a certified copy of such registry
shall also be appended thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 102-2 (Alteration, etc. of Right to Site)
(1) Article 99 shall
apply mutatis mutandis to the registration of alteration,
revision or extinction of the right to a site.
(2) Article 57-2 shall apply mutatis mutandis to cases where registration
of the right to a site has been filed in the registration
form of a building
due to an alteration or revision of the right to the site.
REGISTRATION OF REAL ESTATE ACT
106(Supp. 46)
(3) Where the right to a site becomes a right which is not the right to
a site, or registration of the purport that the right to
a site has become
extinct is filed from among registrations under paragraph (1), such purport
shall be stated in the item column
of the relevant section in the registration
form of land which is the object of the right to a site, and registration
of the purport
that the right to a site exists shall be cancelled.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 102-3
(Alteration, etc. of Right to Site)
(1) Where registration under Article 102-2 (2) is filed with regard to a
building, when registration
of ownership other than that of initial ownership
of real estate and of ownership transfer, or registration of the right other
than ownership has been made, the purport that it is only effective on the
building shall be additionally stated in such registration:
Provided, That
this shall not apply to cases where such registration is about mortgage,
and its grounds for registration, its date
and receipt number are identical
with registration of the right to a site.
(2) In cases under the proviso to paragraph (1), registration of mortgage
on the right to a site shall be cancelled.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 102-4 (Alteration, etc. of Right to Site)
(1) Where registration
under Article 102-2 (3) has been filed because the
right to a site has changed into the right which is not the right to a site,
such right to a site and such person holding the right shall be indicated
in the item column for the relevant section in the registration
form for
such land, and the purport that registration has been filed due to
registration filed under the same paragraph and the
date thereof shall
be stated, and a registration officer shall affix his/her seal thereto.
(2) Where registration under paragraph
(1) is filed, when registration has
been made other than for that of the right to a site transfer from among
the registrations
having the validity as the registration of the right to
a site under Article 135-4 (including cases applied mutatis mutandis
under
Article 165-3) on the registration form for a building, the right
to a site of which has been registered, such registration shall
be transcribed
from the registration form for such building to the item column for the relevant
section in the registration form
for land under paragraph (1).
(3) Where there has been stated in the item column for the relevant section
in the registration form
for land under paragraph (1), registration filed
7
107 (Supp. 46)
later than that to be transcribed under paragraph (2), the registration
in the item column for the relevant section in the registration
form for
such land shall be transcribed, notwithstanding paragraph (2), to the
column for the relevant section in the new registration
form, after the
registration to be transcribed pursuant to paragraph (2) has been
transcribed.
(4) Articles 86, 94 and 95 shall apply mutatis mutandis to cases where
procedures under paragraphs (2) and (3) are taken.
(5) Where
registration under paragraph (1) has been filed, when land which
is an object of the right to a site comes under the jurisdiction
of another
registration office, the purport that such registration has been filed and
the matters to be stated or transcribed under
paragraph (1) or (2) shall
be, without delay, notified to such registration office.
(6) The registration office in receipt of notification
under paragraph (5)
shall follow procedures under paragraphs (1) through (4).
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 102-5 (Alteration, etc. of Right to Site)
(1) Where registration under Article 102-2 (3) has been filed due to
a
revision of the registration which made the right other than the right to
a site into the right to a site, if registration having
the validity as registration
of the right to a site transfer pursuant to Article 135-4 (including cases
applied mutatis mutandis
in Article 165-3) has been made in the registration
form for the building the right to the site of which has been registered,
the
whole of them shall be transcribed from the registration form for such
building to the item column for the relevant section in the
registration
form for the land.
(2) Article 102-4 (2) through (6) shall apply mutatis mutandis to the
cases under paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 103 (Restriction on Combination of Buildings)
(1) With respect
to buildings bearing the registration of rights other than
the registration of ownership, right to lease on a deposit basis and
leasehold
interests, no registration of combination shall be filed. The proviso to Article
90-3 (1) shall apply mutatis mutandis
to such cases.
(2) Where a registration officer has dismissed an application for
registration which has violated paragraph (1),
he/she shall notify, without
delay, the reason thereof to the competent authorities of a building ledger.
[This Article Wholly
Amended by Act No. 8922, Mar. 21, 2008]
REGISTRATION OF REAL ESTATE ACT
108(Supp. 46)
Article 103-2 (Applications for Registration of Division or Sectioning of
Building)
In cases where registration of the right to lease on a deposit basis or the
leasehold interest has been filed on part of a building,
Article 91-2 shall
apply mutatis mutandis when an application for registration of division
or sectioning of such building is filed.
[This Article Newly Inserted by Act No. 8922, Mar. 21, 2008]
Article 104 (Division of Building)
(1) Where an appurtenant building is separated from building A and
becomes building B, when its registration is filed, its number
shall be entered
in the registration number column in the registration form for building B,
and the purport that a transcription
has been made from the registration
form for the building under registration number XXXX due to the division
shall be entered in
the indication column.
(2) Upon completion of the procedure under paragraph (1), the remaining
portion shall be stated in the indication column in the
registration form
for building A, and the fact that a transcription of other portions has been
made to the registration form for
the building under registration number
XXXX due to the division shall be entered therein, and the former indication
and its number
shall be crossed out with red lines.
(3) Articles 94 and 95 shall apply mutatis mutandis to cases under
paragraph (1): Provided,
That where there is no entry of the grounds for
registration of the divided appurtenant building in the item column for
section
A in the registration form for building A, the following matters
shall be entered in the item column for section A of the registration
form
for building B in addition to procedures under Articles 94 and 95:
1. Name or title of an applicant;
2. Address or the location of the office;
3. Resident registration number or registration number under Article 41-2;
4. Purport that his/her ownership is registered due to the division.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 104-2 (Sectioning of Buildings)
(1) Where building A is sectioned and becomes building B, when its
registration is filed, each number shall be entered in the registration
number
column for building A and building B in the new registration form, and
the purport that a transcription has been made from
the registration form
for the building under registration number XXXX due to the sectioning
7
109 (Supp. 46)
shall be entered in the relevant indication column: Provided, That where
building A is a sectioned building, the number shall be
entered in the reg-
istration number column for building B in the registration form, and the
purport that a transcription has been
made from the registration form
for the building under registration number XXXX due to the sectioning
shall be entered in the indication
column.
(2) Upon completion of the procedures under paragraph (1), the purport
that a transcription has been made to the registration form
for the building
under registration number XXXX due to the sectioning in the indication
column in the former registration form,
and such registration form shall
be closed after the indication of building A, its number and registration
number have been crossed
out with red lines: Provided, That where building
A is a sectioned building, the remaining part shall be indicated in the
indication
column of the registration form for building A, and the purport
that a transcription of other portions has been made in the registration
form for the building under registration number XXXX due to the sectioning
shall be entered, and the former indication and its
number shall be crossed
out with red lines.
(3) In cases under the main sentence of paragraph (1), the registration
of ownership and other rights shall be transcribed from
the former
registration form to the item column for the relevant section in the
registration form for building A and building B,
and the purport that the
building transcribed to the registration under number XXXX is
concurrently an object of the relevant right,
and the date of receipt and
receipt number of the application shall be entered in the registration of
rights other than ownership,
and a registration officer shall affix his/her
seal thereto. In such cases, Article 94 (3) through (6) shall apply mutatis
mutandis.
(4) Articles 94 and 95 shall apply mutatis mutandis to cases under the
proviso to paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 105 (Division and Combination of Buildings)
(1) Where an appurtenant
building is separated from building A and
becomes an appurtenant building of building B, when its registration is
filed, the purport
that a transcription has been made from the registration
form for the building under registration number XXXX due to the
combination
shall be stated in the indication column in the registration
REGISTRATION OF REAL ESTATE ACT
110(Supp. 46)
form for building B.
(2) Article 104 (2) shall apply mutatis mutandis to the cases under
paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 105-2 (Sectioning and Combination of Buildings)
(1) Where
building A is sectioned and is combined with building B or its
appurtenant building, when its registration is filed, the purport
that a
transcription has been made from the registration form for the building
under registration number XXXX due to the combination
shall be stated
in the indication column in the registration form for building B, and the
former indication and its number shall
be crossed out with red lines.
(2) The proviso to Article 104-2 (2) shall apply mutatis mutandis to cases
under paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 106 Deleted.
Article 96 (2) through (6) (excluding the part of paragraph (6) to which
Article 93 (2) applies mutatis mutandis) shall apply mutatis
mutandis
to cases under Articles 105 and 105-2: Provided, That where there is no
entry of the grounds for registration as to the
divided appurtenant building
in the item column for section A in the registration form for building A,
the following matters shall
be entered in the item column for section A
of the registration form for building B in addition to taking procedures
prescribed
by Article 96 (2) through (5):
1. Name or title of an applicant;
2. The address or location of the office;
3. Resident registration number or registration number under Article 41-2;
4. Purport that registration of ownership of such person is filed due to
the combination.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 108 (Combination of Buildings)
(1) Articles 97 and 98 shall apply mutatis mutandis to cases where building
A is combined with building B, or becomes an annex to
building B, when
its registration is filed: Provided, That where building A is combined with
an annex to building B, or becomes
an annex to building B, the former
7
111 (Supp. 46)
indication and its number as to building B and other appurtenant buildings
shall not be crossed out with red lines, and if building
A is a sectioned
building and where registration of a building other than building B is stated
in the same registration form, such
registration form shall not be closed.
(2) Where building B becomes a non-partitioned building due to the
combination, when its
registration is filed, the number shall be entered
in the registration number column in the new registration form, and the
purport
that a transcription has been made from the registration form
for the buildings under registration numbers XXXX and XXXX due to
the combination shall be entered in the indication column, and a registration
officer shall affix his/her seal thereto.
(3) Upon completion of the procedure under paragraph (2), the purport
that a transcription has been made to the registration form
for the
buildings under registration number of XXXX due to the combination
shall be entered in the indication column in the registration
form for building
A and building B, and the indication of building A and building B, their
numbers and registration numbers shall
be crossed out with red lines, and
such registry folios shall be closed.
(4) Article 98 shall apply mutatis mutandis to cases under paragraph (2).
(5) Article 102-4 shall apply mutatis mutandis when registration
under
paragraph (2) is filed in cases where a building, the right to the site of which
has been registered, becomes a non-sectioned
building due to the
combination.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 108-2 (Mutatis Mutandis Application of Registration of Sectioned
or Combined Buildings )
Article 104-2 shall apply mutatis mutandis to cases where a non-sectioned
building becomes a sectioned building by any reason other
than partition
of a building, and the provisions of Article 108 (2) through (4) shall apply
to cases where a sectioned building
becomes a non-sectioned building by
any reason other than combination of buildings.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 109 (Increases or Decreases of Area)
(1) Article 99 shall apply mutatis mutandis to the registration of increases
or decreases of the area of buildings or appurtenant
buildings.
(2) When registration of new construction of an appurtenant building is
filed, the kind, structure and area of the appurtenant
building shall be
REGISTRATION OF REAL ESTATE ACT
112(Supp. 46)
stated in the indication column of the registration form for the main building.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 110 (Changes of Numbers or Structures, etc.)
Article 100 shall apply mutatis mutandis to the registration of
changes
in building numbers, the kind or structure of a building or an appurtenant
building, or the lot number of a building site.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 111 (Changes of Numbers)
(1) The competent authorities of the cadastral records or the competent
authorities of the building ledger shall, where there is
any change in the
lot number of the land or that of the building site due to change in
administrative districts or blocks other
than administrative districts, notify,
without delay, such purport to a registration office.
(2) A registration office in receipt
of a notification under paragraph (1)
shall, without delay, make registration of change in the indication column
in the registration
form.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 111-2 (Destruction or Loss of Buildings)
(1) A registration officer who has received an application for registration
of destruction or loss of a building under Article 101
(1) or 101-2 shall,
where there is any interested party in the registration, other than a
registered titleholder, notify such interested
party, within a fixed period
not exceeding one month, of the purport that he/she shall make registration
of destruction or loss
unless such interested party raises an objection within
such period: Provided, That this shall not apply to cases where a certified
copy of the building ledger is appended to the application as a document
proving destruction or loss of the building or its nonexistence,
or the
interested party in the registration have his/her signature and seal affixed
to the application.
(2) Articles 175 (2), 176 and 177 shall apply mutatis mutandis to cases
under the main sentence of paragraph (1).
[This Article wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 112 (Destruction or Loss of Real Estate)
(1) When registration of destruction or loss of real estate is filed, the purport
of destruction or loss, or of its cause or nonexistence,
shall be stated in
the indication column in the registration form, and the indication of real
estate and its indication number
shall be crossed out with red lines, and
the relevant registration form shall be closed: Provided, That where a
7
113 (Supp. 46)
building destroyed or lost was a sectioned part of a single building, the
registration form thereof shall not be closed.
(2) Article 102-4 shall apply mutatis mutandis to cases where the relevant
registration form has been closed due to registration
of destruction or loss
of a building the right to the site of which has been registered.
[This Article Wholly Amended by Act No.
8922, Mar. 21, 2008]
Article 112-2 (Registration of Common Area under Agreement)
(1) An application for registration to the effect
that it is a common area
shall be filed by the registered titleholder with attachment of the agreement
stipulating such purport
or a notarial deed thereto. In such cases, where
there is registration as to rights other than registration of ownership on
such
building, the written consent of such registered titleholder, or a certified
copy of a court judgment in opposition thereto shall
be attached thereto.
(2) When registration is filed pursuant to the application for registration
under paragraph (1), the purport
of a common area shall be stated in
the indication section, and the registration as to ownership and other rights
in each section
shall be crossed out with red lines. In such cases, where
such common area is to be owned jointly with the sectional owners of a
building registered in another registration form, such purport shall also
be stated.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 112-3 (Cancellation of Registration of Common Area in Agreement)
(1) Where agreement stipulating the purport of a common area is repealed,
the acquirer of the common area shall, without delay,
apply for registration.
(2) A document verifying the repeal of agreement shall be appended to
an application for registration under
paragraph (1).
(3) Where an application for registration under paragraph (1) is filed,
such registration shall be sufficed by registration
of initial ownership of
real estate in the column for the section A. In such cases, where such
registration has been filed, the
entry of the purport of the common area
shall be crossed out with red lines.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 113 (Destruction or Loss of Real Estate)
(1) In cases under Article 112, where real estate the registration of
destruction or loss has been filed is an object of rights
other than ownership
along with other real estate, the indication of the real estate the registration
REGISTRATION OF REAL ESTATE
ACT
114(Supp. 46)
of destruction or loss of which has been filed shall be stated in the item
column for the relevant section of the registration form
for such other items
of real estate, and the purport that such items of real estate are destroyed,
lost or nonexistent shall be
additionally stated, and the indication of items
of real estate the registration of destruction or loss of which has been filed
in the registration wherein the purport that they are objects of rights other
than ownership along with such real estate has been
stated, shall be crossed
out with red lines.
(2) If there is a joint security list, registration to be filed under paragraph
(1) shall be filed in such list.
(3) In cases under paragraph (1), where the location of such other items
of real estate is under the jurisdiction of another registration
office, the
indication of such real estate and the real estate the registration of
destruction or loss of which has been filed
and the receipt date of the
application shall be notified without delay to such registration office.
(4) The registration office
in receipt of a notification under paragraph (3)
shall complete the procedures under paragraph (1) or (2) without delay.
[This
Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 114 (Riverbed)
(1) Where any land registered has become a riverbed, the relevant
authorities shall, without delay, entrust a registration office
with cancellation
of such registration.
(2) In the case of entrustment under paragraph (1), if necessary, the
relevant authorities may, in lieu of the registered titleholder
or the heir,
entrust the registration office with registration of ownership transfer due
to change or revision of indication of
land or of a registered titleholder,
or inheritance.
(3) The registration office in receipt of the entrustment under paragraph (1)
shall enter the purport that land has become a riverbed
in the indication
column of the registration form, erase with red lines the indication of land,
indication number and registration
number, and close such registration
form. In such cases, Article 113 shall apply mutatis mutandis.
[This Article Wholly Amended
by Act No. 8922, Mar. 21, 2008]
Article 115 (Expropriation of Land)
(1) A person entitled to registration alone may apply for the registration
of ownership transfer due to expropriation of land. Where
there is a right
7
115 (Supp. 46)
the continuance of which is recognized by a decision of the Land Tribunal,
it shall be indicated in the application, and documents
verifying
compensation or deposit shall be appended thereto.
(2) Where a promotor of an enterprise makes an application under paragraph
(1), if necessary, he/she may, in lieu of a registered titleholder or an heir,
apply for registration of ownership transfer due
to change or revision of
indication of land or of a registered titleholder, or due to inheritance.
(3) Where a public office is
a promotor of an enterprise, such public office
shall, without delay, entrust a registration office with registration under
paragraphs
(1) and (2).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 116 (Provisions Applicable Mutatis Mutandis)
Articles 52,
57 (3), 68 and 73 shall apply mutatis mutandis to registration
under Articles 101 (5), 101-2, 114 (2) and 115 (2).
[This Article
Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 117 (Real Estate Trusts)
With regard to registration of a real estate trust, the trustee shall become
a person entitled to registration, and the truster
shall become an obligator
for registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 118 (Real Estate Trusts)
(1) An application for registration of a real estate trust belonging to trust
property under Article 19 of the Trust Act may be
filed by a trustee alone.
(2) Paragraph (1) shall apply mutatis mutandis to the retrieval of trust
property under Article 38 of
the Trust Act.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 119 (Real Estate Trusts)
(1) A beneficiary or truster may make registration of trust in subrogation
of a trustee.
(2) Article 52 shall apply mutatis mutandis to an application for the
subrogated registration under paragraph (1). In such cases,
a document
verifying that the real estate subject to the registration is trust property
shall be appended to the application in
addition to a document verifying
the grounds for the subrogation.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 120 (Real Estate Trusts)
(1) An application for registration of trust shall be filed with a document
identical to an application for registration of ownership
transfer of real estate
REGISTRATION OF REAL ESTATE ACT
116(Supp. 46)
due to the trust.
(2) Paragraph (1) shall apply mutatis mutandis to cases where an application
for registration of acquisition of real estate belonging
to the trust property
under Article 19 of the Trust Act and for registration of the retrieval of
the trust property under Article
38 of the same Act is filed.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 121 (Real Estate Trusts)
(1) When an application for registration of ownership transfer is filed in
cases of a replacement of trustee, a document verifying
such replacement
shall be appended to the application.
(2) Paragraph (1) shall apply mutatis mutandis to registration of changes
to be filed in cases under Article 26 (2) of the Trust
Act.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 122 (Real Estate Trusts)
Where duties of a trustee have been completed due to death, bankruptcy,
incompetency, quasi-incompetency, or a dismissal order issued
by a court
or the competent authorities, an application for registration under Article
121 may be filed by a new trustee or another
trustee alone. The same
shall apply when such duties of a juristic person, which is a trustee, have
been completed due to its dissolution.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 123 (Real Estate Trusts)
(1) When an application for registration of trust is filed, a document in which
the following matters are stated shall be appended
to the application:
1. Name and address of a truster, trustee, beneficiary and trust
administrator (in the case of a juristic person, its title and office);
2. Purpose of trust;
3. Method of management of the trust property;
4. Reasons for termination of trust;
5. Other provisions of trust.
(2) An applicant shall have his/her sign and seal affixed to the document
under paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 124 (Original Books of Trust)
(1) Documents appended to the application pursuant to Article 123 shall be
deemed to be the original book of trust.
(2) The original book of trust shall be deemed part of the registry, and
7
117 (Supp. 46)
any entry therein shall be deemed to be registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 125
(Entries in Original Books of Trust)
A court shall, when it has appointed or dismissed a trust administrator,
entrust a registration office with entry of it in the original
book of trust
without delay. The same shall apply when the competent authorities have
appointed a trust administrator.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 126 (Entries in Original Books of Trust)
Article 125 shall apply mutatis mutandis to cases where a court or the
competent authorities have dismissed a trustee.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 127 (Entries in Original Books of Trust)
(1) A court shall, when it has changed the method of management of trust
property, request a registration office to enter it in
the original book of
trust without delay.
(2) Paragraph (1) shall apply mutatis mutandis to cases where the
competent authorities have changed the provisions concerning the
trust.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 128 (Entries in Original Books of Trust)
Except for cases under Articles 125 through 127, where any changes
have occurred in the matters falling under Article 123 (1), a
trustee shall,
without delay, apply for an entry in the original book of trust, by appending
the document verifying such changes:
Provided, That where registration
has been filed in cases under Article 121 or 122, a registration officer
shall make ex officio
entry in the original book of trust.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 129 (Entries in Original
Books of Trust)
When an entry in the original book of trust is made under Article 126,
a registration officer shall make an additional entry of
such purport ex
officio in the registry.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 130 (Registration for Preservation of Land)
An application
for registration of initial ownership of real estate for the
unregistered land may be filed by a person falling under any of the
following
subparagraphs:
1. A person who certifies that he/she or his/her predecessor has been
registered as the owner in the land cadastre or forest land
cadastre
REGISTRATION OF REAL ESTATE ACT
118(Supp. 46)
by a certified copy of the land cadastre or forest land cadastre;
2. A person who certifies his/her ownership by a court decision;
3. A person who certifies that he/she has acquired ownership by expro-
priation.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 131 (Registration for Preservation of Buildings)
An application
for registration of initial ownership of real estate for an
unregistered building may be filed by a person falling under any of
the
following subparagraphs:
1. A person who certifies that he/she or his/her predecessor has been
registered as the owner in the building ledger by a certified
copy of
the building ledger;
2. A person who certifies his/her ownership by a decision of a court or
other documents issued by the head of a Si/Gu/Eup/Myeon;
3. A person who certifies that he/she has acquired ownership by
expropriation.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 131-2 (Registration Concerning Indication of Sectioned Building)
(1) Where registration of initial ownership of real estate is applied for
only a part from among the sectioned buildings belonging
to one building,
an application for registration of the indication shall be filed concurrently
with respect to the rest of the
sectioned buildings.
(2) In cases under paragraph (1), the owner of a sectioned building may
apply for registration of the indication
of such building in subrogation of
owners of the other sectioned buildings belonging to one building.
(3) Where a non-sectioned
building becomes a sectioned building due to
construction of a new building, an application for registration of initial
ownership
of real estate for such new building shall be filed concurrently
with the registration of the indication of another building or
registration
of the modified indication.
(4) In cases under paragraph (3), a building owner may apply for
registration of the indication of another building or registration
of the
modified indication, in subrogation of an owner of another building.
(5) Article 52 shall apply mutatis mutandis to cases
under paragraphs (2)
and (4).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 132 (Applications for Registration of Initial Ownership of
Real
Estate)
7
119 (Supp. 46)
(1) Where an application for registration is filed pursuant to Articles 130,
131 and 131-2, the purport that an application for
registration is filed
pursuant to such subparagraph of Article 130, such subparagraph of Article
131 or such paragraph of Article
131-2 shall be entered in the application:
Provided, That the grounds for registration and its date shall not be entered.
(2) In
cases under paragraph (1), a certified copy of the land cadastre
or forest land cadastre certifying the indication of land, or a
certified copy
of the building ledger certifying the indication of building or other documents
shall be attached to the application:
Provided, That documents under Article
40 (1) 2 through 4 shall not be attached thereto.
(3) Where an application for registration
is filed pursuant to Article 131-2,
a drawing indicating the location of a building, a floor plan (in cases
of sectioned stores
under Article 1-2 of the Act on the Ownership and
Management of Aggregate Buildings, referring to certified copies of
drawings
of a building and floor plans under Article 53 (1) of the same
Act) and that of a sectioned building.
(4) Where there are several buildings on the relevant building site when an
application for registration of initial ownership of
real estate for a building
is filed (excluding cases under Article 131-2), a drawing indicating the
location of a building on such
site shall be attached to the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 133 (Entry of Registration
Numbers)
When an application for registration of ownership for an unregistered real
estate is filed, the number shall be entered in the registration
number
column in the registration form.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 134 (Registration of Caveats on Disposal of Unregistered Real
Estate)
(1) When registration at the request for registration of a caveat on disposal
of ownership for an unregistered real estate is filed,
the number shall be
entered in the registration number column in the registration form, and
the following matters shall be entered
in the item column:
1. Name or title of the owner;
2. The address or location of office of the owner;
3. Purport that ownership is registered by a court decision ordering
registration of caveat on disposal.
(2) Article 57 (1) and (2) shall apply mutatis mutandis to cases under
REGISTRATION OF REAL ESTATE ACT
120(Supp. 46)
paragraph (1).
(3) In cases under paragraph (1), where registration for a building is filed
at the request for registration of caveat on disposal
based on a trial by
a court, Article 131 shall not apply: Provided, That in cases where approval
for use has not been obtained
while the relevant building is subject to
the approval under the Building Act, such fact shall be stated in the indication
column
of the registry.
(4) Where approval for use is granted under the Building Act on the building
registered under the proviso to paragraph (3), a registered
titleholder of
such building shall file, within a month, an application for registration
for cancellation of the statement under
the proviso to paragraph (3).
(5) In cases under paragraph (4), Articles 52 and 131-2 (2) shall apply
mutatis mutandis.
(6) Where an application for registration for cancellation under para-
graph (4) is filed, a certified copy of a building ledger
verifying that approval
for use has been obtained or a document which can verify it shall be appended
to the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 135 Deleted.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 135-3 (Registration of Building Having Right to Site)
(1)
Where an application for registration of ownership of a building the
right to the site of which has been registered is filed, the
right to the
site shall be stated in the application: Provided, That this shall not apply
to cases where an application for registration
of a building alone is filed.
(2) Where registration is filed by application under the proviso to paragraph
(1), the purport that
it is related to a building only shall be additionally
entered in such registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 135-4 (Registration of Building Having Right to Site)
7
121 (Supp. 46)
(1) The registration of ownership for one building, whrerein there is no
additional entry of the purport that it relates to a building
only, after
the registration of the right to a site has been filed thereon, shall have
the validity of identical registration for
the right to the site.
(2) Of the registration having the validity as the registration for the right
to a site under paragraph
(1) and the registration form for the land which
is an object of the right to a site, the order of the registration entered
in
the item column for the relevant section shall be in accordance with
the receipt number.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
SECTION 3 Registration Procedures concerning
Rights Other Than Ownership
Article 136 (Superficies)
Where an application for registration of creation or transfer of superficies
is filed, the purpose and scope of creation of superficies
shall be stated in
the application, and where there is a term of existence, land rent, its payment
period or an agreement under
the latter part of Article 289-2 (1) of the
Civil Act in the grounds for registration, they shall be stated in the
application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 137 (Easements)
Where an application for registration of creation of an easement is filed,
the dominant estate shall be indicated in the application,
the purpose and
scope of easement created shall be stated therein, and when the scope
of easement created is a part of the subservient
estate, a drawing indicating
such scope shall be appended thereto: Provided, That where there is
an agreement under the proviso
to Article 292 (1), the proviso to Article
297 (1) or Article 298 of the Civil Act in the grounds for registration,
they shall
be stated therein.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 138 (Easements)
(1) When registration of creation of easement is filed, the indication of
real estate which is a subservient estate shall be made
in the item column
for the relevant section of the registration form for real estate which is
a dominant estate, and the purport
that such real estate is the object
REGISTRATION OF REAL ESTATE ACT
122(Supp. 46)
of the easement, and the purpose and scope of the easement to be created
shall be stated therein.
(2) Where the dominant estate falls under the jurisdiction of another
registration office, the subservient estate, dominant estate,
the purpose and
scope of creation of easement, and the date of receipt of the application
shall be notified, without delay, to
such registration office.
(3) A registration office in receipt of a notification under paragraph (2)
shall enter, without delay,
the notified matters in the item column for
the relevant section in the registration form for the real estate which is
the dominant
estate.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 139 (Rights to Lease on Deposit Basis)
(1) When an application for registration of creation of the right to lease
on a deposit basis or the sublease on a deposit basis
is filed, the amount
of deposit shall be stated in the application, and if a term of existence,
a penalty or a compensation or
an agreement under the proviso to Article
306 of the Civil Act exists in the grounds for registration, they shall be
stated therein.
(2) In cases under paragraph (1), where a part of an item of real estate
is the object of the right to lease on a deposit basis,
the drawings thereof
shall be appended thereto.
(3) The provisions of Articles 145 through 147 and 149 through 155 shall
apply mutatis mutandis to cases of the right to lease on
a deposit basis.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 140 (Mortgages)
(1) Where an application for registration of the establishment of a mortgage
is filed, the amount of claim and the obligor shall
be stated in the
application. In such cases, where a repayment period, interest and its
accruing time and payment time, place where
the principal or interest is
paid, and an agreement on the compensation for damages due to the default
or an agreement under the
proviso to Article 358 of the Civil Act exists
in the grounds for registration, or where the claim is conditional, they
shall be
entered therein.
(2) Where the details of a mortgage under paragraph (1) are a collateral
security, the fact that the grounds for registration is
a contract to establish
the right to collateral security, and the maximum amount of claim and
the obligor shall be stated in the
application. In such cases, where there
7
123 (Supp. 46)
is an agreement under the proviso to Article 358 of the Civil Act in the
grounds for registration, it shall be entered therein.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 141 (Mortgages on Rights other than Ownership)
When an application
for registration of establishment of a mortgage is filed,
where the object of such right is a right other than ownership, such right
shall be indicated in the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 142 (Transfer of Mortgages)
Where an application for registration of transfer of a mortgage is filed,
the purport that the mortgage is transferred along with
the claim shall
be stated in the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 142-2 (Pledges of Rights to Mortgage)
Where an application for additional registration of the pledge under Article
348 of the Civil Act is filed, a mortgage guaranteeing
the claim which
is the object of the pledge shall be indicated in the application, and the
following matters shall be stated therein:
1. Indication of the obligor;
2. Amount of claim;
3. Where there is an agreement on the period of payment and interest,
the details thereof.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 143 (Value of Claim Secured)
When an application for registration of the establishment of a mortgage
which is a security of the claim not aimed at the specified
amount is filed,
the value of such claim shall be stated in the application.
[This Article Wholly Amended by Act No. 8922, Mar.
21, 2008]
Article 144 Deleted.
Where an application for registration of the establishment of a mortgage
aimed at the rights to several items of real estate is
filed, the right to
each item of real estate shall be indicated in the application.
[This Article Wholly Amended by Act No. 8922,
Mar. 21, 2008]
Article 146 (Joint Security Lists)
(1) In cases under Article 145, where there are not les than five items
of real estate, a joint security list shall be appended
to the application.
(2) The right to each item of real estate shall be indicated in the list under
REGISTRATION OF REAL ESTATE
ACT
124(Supp. 46)
paragraph (1), and an applicant shall have his/her sign and seal affixed
to the list.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 147 (Additional Joint Security)
When an application for registration of establishment of a mortgage aimed
at the rights to another or several items of real estate
with regard to the
same claim is filed after the registration of establishment of a mortgage
aimed at the rights to one or several
items of real estate has been filed,
matters sufficient for the indication of the former registration shall be
stated in the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 148 (Transfer of Mortgage due to Partial Transfer or Payment
by
Subrogation of Claim)
Where an application for registration of transfer of a mortgage due to partial
transfer or subrogation of a claim is filed, the
amount of such claim
which is the object of the transfer or payment by subrogation shall be
stated in the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 149 (Entry of Registration of Joint Security)
When registration
of a right to real estate is filed pursuant to an application
for registration under Article 145, the indication of the right to
another
item of real estate shall be stated in the item column for the relevant section
of the registration form for such real
estate, and the purport that such
right is concurrently an object of the mortgage shall be stated therein.
[This Article Wholly
Amended by Act No. 8922, Mar. 21, 2008]
Article 150 (Entry of Joint Security Lists)
When registration of the right to each real estate is filed in cases where
the joint security list has been appended to the application
form, the
purport that the right to another item of real estate entered in the joint
security list is concurrently subject to a
mortgage shall be stated in the
item column for the relevant section of the registration form for such real
estate.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 151 (Nature of Joint Security Lists)
Joint security lists shall be deemed to be a part of the registry and entry
therein shall be deemed registration.
Article 152 (Entries of Registration of Additional Joint Security)
(1) When registration is filed pursuant to an application for
registration
7
125 (Supp. 46)
under Article 147, the purport that the right to each item of real estate
is concurrently subject to the mortgage shall be stated
in such registration
and the former registration.
(2) Articles 138 (2) and (3), 149 and 150 shall apply mutatis mutandis
to cases under paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 153 Deleted.
Article 155 (Partial Extinction or Change of Joint Security)
When registration is filed pursuant to Article 154 (1), if there is
a joint
security list, such registration shall be filed in such list.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 156 (Leasehold Interests)
(1) When an application for registration of establishment of leasehold
interests or a sub-lease of leased property is filed, the
amount of rent
shall be stated in the application. In such cases, if there is an agreement
on the period of lease, pre-payment
and due date of the rent or the leasehold
deposit in the grounds for registration, or if the lessor has given consent
to transfer
of the leasehold interests or the sub-lease of leased property
in the grounds for registration, they shall be entered therein, and
if a
lessor or a lessee is a person who has no authority or competence of disposal,
such purport shall be entered therein.
(2) When an application for registration of transfer of leasehold interests
or a sub-lease of leased property is filed in cases
where there is no registration
of the purport that the lessor has granted consent to the transfer of the
leasehold interests or
sub-lease of the leased property, the written consent
of the lessor shall be attached to the application.
[This Article Wholly
Amended by Act No. 8922, Mar. 21, 2008]
REGISTRATION OF REAL ESTATE ACT
126(Supp. 46)
Article 156-2 (Entry of Registration of Transfer of Rights other than
Ownership)
Registration of transfer of rights other than ownership shall be filed
by further entry.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 157 (Expropriation or Trust of other Real Rights)
Articles
115 and 116 shall apply mutatis mutandis to the registration of
transfer of rights due to expropriation of rights other than the
land ownership
and the provisions of Articles 117 through 129 to the registration of trust
of rights other than ownership of real
estate.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Articles 158 through 165 Deleted.
(2) In the registration form for a building, the right to the site of which
has been registered therein, registration of the creation
of a mortgage
aimed at such building only shall not be filed.
(3) Article 135-2 (1) shall apply mutatis mutandis to cases where superficies
or leasehold interests are the rights to a site.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 165-3 (Registration of Rights on Building Having Right to Site)
(1) Article 135-3 shall apply mutatis mutandis to cases where an application
for registration on rights other than ownership for
a building, the right
to the site of which has been registered, is filed.
(2) Article 135-4 shall apply mutatis mutandis to the
registration on the
rights other than ownership of a building, the right to the site of which has
been registered, in which there
is no additional entry of the purport as
to the building alone.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
SECTION 4 Procedures for Registration of
Cancellation
Article 166 (Extinction of Rights Due to Death)
Where a registered right has extinguished due to the death of a certain
person, if the document issued by the head of a Si/Gu/Eup/Myeon,
or other
7
127 (Supp. 46)
notarial document, verifying such death, has been appended to the ap-
plication, the person entitled to registration alone may apply
for cancellation
of registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 167 (Where Obligator for Registration Missing)
(1) When a
person entitled to registration is unable to apply for cancellation
of registration jointly with an obligator for registration as
the latter is
missing, an application for public summons may be filed under the Civil
Procedure Act.
(2) Where a judgment for nullification exists in cases under paragraph (1),
the person entitled to registration may apply for cancellation
of registration
alone by appending a certified copy of the judgment to the application.
(3) In cases under paragraph (1), if a
contract for the right to lease on
a deposit basis, a certificate of refund of such deposit, or a document
evidencing the claim,
and a receipt of the claim and its interest for the
latest one year have been appended to the application, the person entitled
to registration alone may apply for cancellation of registration of the right
to lease on a deposit basis or the mortgage.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 168 (Cancellation of Trust Registration)
(1) An application for cancellation of trust registration which is filed in
cases where the right to real estate which is the trust
property ceases to
be the trust property due to transfer of such right, shall be filed by a document
identical with an application
for transfer registration.
(2) Paragraph (1) shall apply mutatis mutandis to cases where the right
to real estate, which is trust
property, has been transferred due to the
fulfillment of the trust.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 169 (Cancellation of Provisional Registration)
(1) A provisional
registration titleholder may apply for cancellation of the
provisional registration.
(2) Where the written consent of the provisional registration titleholder or
a certified copy of a court judgement in opposition
thereto has been appended
to the application, the interested parties in the registration may apply
for cancellation of the provisional
registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
REGISTRATION OF REAL ESTATE ACT
128(Supp. 46)
Article 170 (Cancellation of Notice Registration)
(1) Where a court judgment overruling litigation listed under Article 4
or a
court judgment defeating the person bringing the suit has become
final, or where a suit has been withdrawn, a claim has been renunciated,
or compromise has been made, the court of the first instance shall request,
without delay, a registration office for cancellation
of the notice registration,
by appending a certified copy or an abstract of the court judgment, or
a written withdrawal of litigation,
the document certifying renunciation
of the claim or reconciliation which is issued by a court official of Grade
or , chief or
senior clerk to a written commission.
(2) Where a judgment granted to the claimant under paragraph (1)
(including compromise or
admission of a claim) becomes final, if the said
person submits a document indicating that he/she refrains from filing an
application
for registration pursuant to the relevant judgment along with
a sealed copy of the said judgment, the court of the first instance
shall
request, without delay, a registration office for cancellation of the notice
registration, by appending the said submitted
document and the certified
copy of the judgment to a written commission.
(3) Notwithstanding a judgment under paragraph (2), where it is recognized
by another judgment (including compromise or admission
of a claim) as
to cancellation of registration or restoration of registration being impossible,
if an interested party in the registration
submits a certified copy of the
said judgment, the provisions of paragraph (2) shall also be applicable.
In such cases, a certified
copy of each of such judgments shall be attached
to a written commission.
(4) An application for registration pursuant to the judgment under
paragraph (2) shall not be filed in cases where notice registration
has
been cancelled under paragraph (2) or (3).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 170-2 (Cancellation of Notice Registration)
A registration
officer shall, where he/she has cancelled registration or made
registration of restoration due to nullity or cancellation of the
grounds
for registration, cancel the notice registration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article
171 (When Interested Third Party Exists)
7
129 (Supp. 46)
In cases where an application for cancellation of registration is filed when
a third party with an interest in the registration
exists, his/her written
consent or a certified copy of a judgment in opposition thereto shall be
appended to the application.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 172 (Method of Cancellation)
(1) When registration is cancelled, the cancelled registration shall be
crossed out with red lines after registration of cancellation
has been filed.
(2) Where there is registration as to the right of a third party aimed at
the right to be cancelled in cases under
paragraph (1), the right of such
third party shall be indicated in the item column for the relevant section
of the registration
form, and the purport that cancellation is made due
to cancellation of registration of a certain right shall be stated therein.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 173 Deleted.
In cases where an application or a request for registration of ownership
transfer has been made due to expropriation of land under
Article 115,
if registration has been filed on ownership or a right other than ownership
in the registration form for such real
estate, such registration shall be
cancelled: Provided, That the same shall not apply to registration of an
easement existing for
such real estate, or to registration of the right the
continuance of which is recognized by a decision of the Land Tribunal.
[This
Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 175 (Notification of Cancellation When Registration Made in
Violation
of Jurisdiction, etc.)
(1) Where a registration officer discovers, after the completion of reg-
istration, that such registration falls under subparagraph
1 or 2 of Article
55, he/she shall notify, within a fixed period not exceeding one month,
the purport that the registration shall
be cancelled unless an objection is
raised within such period, to the person entitled to registration, the obligator
for registration,
and any third party having interest in the registration.
(2) Where address or residence of a person to be notified is unknown, a
notice
shall be posted on the bulletin board of the registration office for the period
REGISTRATION OF REAL ESTATE ACT
130(Supp. 46)
under paragraph (1) in lieu of the notification under paragraph (1).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 176 (Objections to Cancellation)
Where any objection is raised to the cancellation, a registration officer
shall make a decision on the objection.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 177 (Ex Officio Cancellation)
Where no person has raised an objection under Article 176, or an objection
has been dismissed, a registration officer shall cancel
the registration ex
officio.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
CHAPTER -2 SPECIAL CASES
CONCERNING TREATMENT
OF REGISTRATION
AFFAIRS BY ELECTRONIC
DATA PROCESSING
SYSTEM
Article 177-2 (Treatment of Registration Affairs by Electronic Data
Processing System)
(1) All or part of the registration affairs of a registration office designated
and announced by the Chief Justice of the Supreme
Court (hereinafter
referred to as designated registration office ) may be handled by the
electronic data processing system. In
such cases, the auxiliary storage
in which registered matters are recorded (including magnetic disc, magnetic
tape, or other electronic
information storage media capable of securely
recording or storing specific registered matters by means similar thereto;
the same
shall apply hereinafter) shall be deemed the registry.
(2) Notwithstanding the provisions of Article 23 (1), the registry under
paragraph (1) may be kept and managed in a place prescribed by the
Regulations of the Supreme Court, and it shall not be moved
outside of
such place except for cases to avoid a war, natural disaster, and other
situations equivalent thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
7
131 (Supp. 46)
Article 177-3 (Issuance of Certified Copies or Abstracts, and Perusal of
Registries)
(1) When registration affairs are handled pursuant to Article 177-2, a
document verifying the whole or part of the matters recorded
in a registry
shall be deemed a certified copy or an abstract of the registry.
(2) When registration affairs are handled pursuant
to Article 177-2, perusal
of a registry may be conducted by issuance of a document stating necessary
matters of those recorded
in the registry or by offering such details by
electronic means.
(3) When registration affairs are handled pursuant to Article 177-2, even
for real estate under the jurisdiction of another designated
registration
office designated and announced by the Chief Justice of the Supreme Court,
it is allowed to issue a certified copy
or an abstract of a registry or offer
the registry for perusal pursuant to paragraphs (1) and (2).
[This Article Wholly Amended
by Act No. 8922, Mar. 21, 2008]
Article 177-4 (Special Cases concerning Treatment of Registration Affairs)
(1) When registration
affairs are handled pursuant to Article 177-2, the
details related to the registration number or the registration number column
shall not be applied from among the provisions of Articles 14 (2), 17, 58, 61,
88 (3) and 102-4 (3), 16 (1) and (2), 81 (1), 93,
96 (1) and (4), 97,
104 (1) and (2), 104-2 (1) through (3), 105, 105-2, 108 (1) through (3),
108-2, 114 (3), 133 and 134 (1).
(2) When registration affairs are handled pursuant to Article 177-2, the
term registration form or form in this Act shall be construed
as
registration record , entry as record , registration officer shall affix
his/her seal as measures indicating a registration
officer who has handled
registration affairs shall be taken , shall be crossed out with red lines
as symbol indicating cancellation
shall be recorded , due to numerous
pages as due to numerous matters to be recorded , and item column
as column for a person holding
the right and other matters .
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 177-5 (Exchange, etc. of Computer
Processing Information Data)
(1) When registration affairs are handled pursuant to Article 177-2, a
notice on completion of registration
or forwarding of a duplicate of an
application under Articles 68-2 and 68-3 may be substituted by forwarding
an auxiliary storage
wherein matters prescribed by the Regulations of the
REGISTRATION OF REAL ESTATE ACT
132(Supp. 46)
Supreme Court are recorded, or a document wherein the said matters are
stated, or by transmitting such details by means of computer
communication
networks.
(2) The Head of the Office of Court Administration may receive the computer
processing information data related to the treatment
of registration affairs
from State agencies or local governments.
(3) Any person who intends to utilize or put to practical use of computer
processing information data on the registered matters
recorded in the
registry under Article 177-2 (hereinafter referred to as computerized
registration data ) shall obtain approval
of the Head of the Office of Court
Administration through examination by the head of the relevant central
administrative agency:
Provided, That where the head of a central admin-
istrative agency intends to utilize or put to practical use of computerized
registration
data, he/she shall consult with the Head of the Office of Court
Administration, and it shall be deemed that his/her approval has
been
obtained upon the conclusion of such consultation.
(4) Matters necessary for the utilization or putting to practical use of
the computerized registration data under paragraph (3) and its fees shall
be prescribed by the Regulations of the Supreme Court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 177-6 (Special Cases concerning Computerization of Registration)
(1) The designated registration office shall, as prescribed by the
Regulations of the Supreme Court, record the registration in
the registration
form currently existing as at the time of such designation, in the auxiliary
storage (hereinafter referred to
as computerization of registration ) by
means of the electronic data processing system.
(2) In cases under paragraph (1), any person designated by the Chief Justice
of the Supreme Court may, notwithstanding the provisions
of Article
12, take en bloc measures indicating the purport that computerization
of registration has been made under his/her own
name from the former
registration form to the registered records under computerization of
registration, in lieu of a registration
officer.
(3) The registered records under computerization of registration pursuant
to paragraph (1) shall be deemed a registered record of
the registry under
Article 177-2 from the time when the former registration form have been
closed.
7
133 (Supp. 46)
(4) When computerization of registration under paragraph (1) is made,
computerization of registration of name or title, address
or the location
of a business office, resident registration number or a registration number
under Article 41-2 of the registered
titleholder, may be made by converting
them to those at the time of computerization of registration.
[This Article Wholly Amended
by Act No. 8922, Mar. 21, 2008]
Article 177-7 (Financial Guarantee)
The Head of the Office of Court Administration may stipulate and operate
matters concerning the financial guarantee of a registration
officer handling
registration affairs by means of the electronic data processing system, and
of a person designated by the Chief
Justice of the Supreme Court under
Article 177-6 (2).
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 177-8 (Special Cases concerning Application for Registration)
(1) The party concerned or an agent applying for registration may apply
for registration using the electronic data processing system.
In such cases,
such party concerned or agent shall register as a user in advance.
(2) Where registration affairs are handled by
means of the electronic data
processing system, electronic documents or other methods may substitute
documents falling under the
subparagraphs of Article 40 (1), and, in cases
of electronic documents, signing and sealing, or autographing by the
applicant,
writer or publisher may be substituted with electronic signature.
(3) Subparagraph 3 of Article 55 shall not apply to cases where
registration
is applied for under paragraph (1).
(4) Applications for registration under paragraph (1) shall apply only to
registration offices or types of registration designated
and notified by the
Head of the Office of Court Administration.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 177-9 (Special Cases concerning Registration Certificate)
(1) Where registration is completed by the electronic data processing
system, a registration officer may give notice as to information
in
substitution of the registration certificate (hereinafter referred to as
information on completion of registration ) in lieu
of issuance the
registration certificate under Article 67 (1).
(2) Where registration is applied for under Article 177-8 (1), the party
concerned or an agent applying for registration may offer
the information
REGISTRATION OF REAL ESTATE ACT
134(Supp. 46)
on completion of registration in lieu of presentation of the registration
certificate under Article 40 (1) 3.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 177-10 (Timing for Receipt of Registration)
Where registration
affairs are handled by the electronic data processing
system, it shall be deemed that an application for registration has been
received at the time when the information on application for registration
prescribed by the Regulations of the Supreme Court is
electronically recorded
in the electronic data processing system.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 177-11 (Delegation to Regulations of Supreme Court)
Matters
necessary for management of registries and treatment of
registration affairs when registration affairs are handled pursuant to Article
177-2, the application for registration under Article 177-8 and the
information on completion of registration under Article 177-9
shall be
prescribed by the Regulations of the Supreme Court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
CHAPTER
OBJECTIONS
Article 178 (Formal Objections and Jurisdiction therefor)
Any person who has an objection to a decision or disposition of a
registration
officer may raise an objection to the competent district court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article
179 (Procedures for Objections)
Formal objections shall be raised by submitting a written objection to a
registration office.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 180 (Prohibition of Objections Due to New Facts)
No objection
shall be raised on the grounds of a new fact or new evidence
method.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 181 (Measures by Registration Officers)
(1) A registration officer shall, where he/she acknowledges that an objection
is groundless, forward the case to the competent district
court along with
his/her opinion within three days.
(2) A registration officer shall, where he/she acknowledges that an objection
7
135 (Supp. 46)
has good grounds, take proper measures.
(3) If an objection is raised after the registration is completed, the fact
that an objection has been raised to such registration
shall be notified
to the parties interested in the registration, and forward the case to the
competent district court along with
his/her opinion within three days.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 182 (Non-Suspension of
Execution)
No objection shall have the effect of suspending any execution.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article
183 (Decisions on Objections and Appeals)
(1) The competent district court shall make a decision on each objection,
with the reasons
appended thereto. In such cases, where the objection
is deemed to be reasonable, the said court shall order a registration officer
to take proper measures, and shall notify the applicant for the objection
and the interested parties in registration of such purport.
(2) An appeal may be filed against the decision under paragraph (1)
pursuant to the Non-Contentious Case Litigation Procedure Act.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 184 (Orders for Provisional Registration and Additional
Registration
Prior to Dispositions)
The competent district court may, before making a decision on any objection,
order a registration officer to make a provisional
registration or an additional
registration with the purport that an objection has been raised.
[This Article Wholly Amended by
Act No. 8922, Mar. 21, 2008]
Article 185 (Method of Making Registration by Order of Competent District
Court)
A registration officer shall, when he/she makes registration by an order
of the competent district court, state the district court
which has issued
the order, the date of such order, the purport that the registration is filed
pursuant to the order, and the date
of registration therein, and affix his/her
seal thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 186 (Service)
The Civil Procedure Act shall apply mutatis mutandis to service of
documents, and the Non-Contentious Case Litigation Procedure
Act shall
apply mutatis mutandis to the expenses for objections.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
REGISTRATION OF REAL ESTATE ACT
136(Supp. 46)
CHAPTER SUPPLEMENTARY PROVISIONS
Article 186-2 (Fines for Negligence)
Where a person entitled for making an application for registration under
Article 101 neglects such application for registration,
he/she shall be
punished by a fine for negligence not exceeding 50 thousand won.
[This Article Wholly Amended by Act No. 8922,
Mar. 21, 2008]
Article 186-3 (Securing Safety of Information on Completion of Registration)
(1) A registration officer shall take
necessary and appropriate measures
for the prevention of divulgence, loss or damage of information upon completion
of registration,
and for other safety supervision of the information on
completion of registration.
(2) No registration officer, or a person who is engaged in, or was in a position
to handle registration affairs for real estate
at a district court, a branch
thereof, or a registration office shall divulge any secret in relation to the
preparation or management
of information on completion of registration
which he/she has learned in the course of performing his/her duty with
regard thereto.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 186-4 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be
punished by imprisonment with prison labor for not more than
two years
or a fine not exceeding ten million won:
1. Any person who divulges any secret in relation to the preparation or
management of the information on completion of registration
in violation
of Article 186-3 (2);
2. Any person who has acquired information on completion of registration
for the purpose of providing it for an application for or
entrustment
of registration so that a false record can be made in the registry or
any person who has provided the information on
completion of
registration despite being aware of such fact;
3. Any person who has acquired the information on completion of
registration by an illegal manner and has kept it for the purpose
referred
to in subparagraph 2.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
Article 187 (Regulations of Supreme Court)
Matters necessary for the administration of this Act shall be prescribed
7
137 (Supp. 46)
by the Regulations of the Supreme Court.
[This Article Wholly Amended by Act No. 8922, Mar. 21, 2008]
ADDENDA
Article 188 (Transitional Provisions)
Registration cases accepted prior to this Act coming into force shall be
dealt with in accordance with the former provisions.
Article
189 (Transitional Provisions)
Registration of a former permanent right to rent or preferential rights,
which have already lost their validity, may be cancelled
ex officio or upon
an application by the parties interested in registration.
Article 190 (Transitional Provisions)
(1) Registrations filed under the former provisions prior to this Act entering
into force shall be regarded as having been filed
under this Act.
(2) Register drawn up and manufactured before this Act enters into force
shall be used, even after this Act enters
into force, just as it is.
Article 191 (Acts and Subordinate Statutes to be Repealed)
The Order regarding Registration of Real
Estates in Choseon shall hereby
be repealed.
Article 192 (Enforcement Date)
This Act shall enter into force on January 1, 1960.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its
promulgation.
(2) (Transitional Provisions) At the time when this Act enters into force, the
office of administration for State real estate shall
consign to a registration
office an additional registration of the name of the office of administration
without delay.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on March 1, 1979:
Provided, That the provisions of Article 40 (2), and the
proviso to Article 45,
shall be applied on and after the date as prescribed by Presidential Decree.
[Application starting from
October 1, 1988 pursuant to Presidential Decree
No. 12527, September 30, 1988]
REGISTRATION OF REAL ESTATE ACT
138(Supp. 46)
(2) (Transitional Measures) Where a contract for sale or exchange of own-
ership, which is a cause for registration, has been concluded
before the date
of enforcement of this Act, the provisions of Article 40 (2) and the proviso
to Article 45 shall not be applied.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after its
promulgation.
(2) (Transitional Measures concerning Conversion of Registration Form)
Notwithstanding the amended provisions of Articles 9, 16
(2), 17, 77, 78 and
86, the former provisions shall prevail concerning real estate whose
registration form has not been converted
into a card at the time of the en-
forcement of this Act, until the registration form is converted into a card.
(3) Omitted.
(4) (Transitional Measures concerning Unit of Size) The indication of area the
registration of which is filed by ban or the number
of pyong in accordance
with the former provisions at the time of the enforcement of this Act, shall
be continually used until it
is registered by a conversion into square meters:
Provided, That if the registration officer comes to know the fact that the size
of the said land or building is registered by a conversion into square meters
by a transcript of the cadastral record or that of
the house register, he/she shall
make an ex officio registration of such conversion.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Article 2 (Transitional Measures)
(1) The registry folio of the building which is subject to the ownership
by partition under the provisions of the Aggregate Buildings
Act, and which
exists at the time of the enforcement of this Act, shall be changed to
the registry folio under the proviso to Article
15 (1) as prescribed by the
rules of the Supreme Court within two years from the enforcement date
of this Act.
(2) If the sectional owner of a section of exclusive ownership under the
Aggregate Buildings Act, existing at the time of the enforcement
of this
Act, fails to submit the regulations stipulating that he/she is able to dispose
of the right to use a site by separating
it from his/her section of exclusive
7
139 (Supp. 46)
ownership, to a registration office within six months from the enforcement
date of this Act, a registration officer shall make the
registration ex officio
under Articles 57 and 57-2 within two years from the enforcement date
of this Act.
(3) The procedure of registration under paragraph (2) which the registration
officer takes ex officio, shall be prescribed by the
rules of the Supreme
Court.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on March 1, 1987:
Provided, That the revised provisions of Article 41-2 (1)
2 (including the
revised provisions of Articles 40 (1) 7, 41 (2), the latter part of 57 (2) and
that of 134) shall enter into force
as of the day prescribed by rules of the
Supreme Court within the limit not exceeding six months from the effective
date of this
Act.
(2) (Transitional Measures) Any registration cases accepted before the
enforcement of this Act shall be subject to the former provisions.
(3) (Applicability to Granting Registered Number to Corporation or
Foundation which is not Juristic Person) The revised provisions
of Article
41- 2 (1) 3 shall begin to apply to the first case for a preservation or transfer
registration of the ownership after
the enforcement of this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1992.
Article 2 (Transitional Measures concerning of Subdivision and
Combination)
(1) Any registration of combination of land or buildings which have already
been combined in the land cadastre, forest land cadastre,
or house register
REGISTRATION OF REAL ESTATE ACT
139-1(Supp. 46)
at the time this Act enters into force, shall be subject to the former provisions,
notwithstanding the revised provisions of this
Act.
(2) Where there exists a registration of the rights other than the superficies,
right to lease on a deposit basis, leasehold
interests, and easements on
the subservient estate, subject to a lot of land and one unit of building
at the time of enforcement
of this Act, the corresponding provisions of
this Act concerning the case where there exist the rights other than the
ownership,
shall be applicable to any registration of such division or partition.
Article 3 (Closure of Registration Form for Destroyed or
Lost Building)
(1) A registration officer shall, where he/she discovers a registration form
of a building in which no change has
been made in registered matters since
January 1, 1950, notify with fixing the period within one month the regis-
tered titleholder
for the said ownership and other interested parties on
registration, of the purport that the said registration form shall be closed
unless they report within the said period on the purport that there currently
exists the building, and concurrently inquire the
governmental office in
charge of the house register of the fact whether it keeps the house register
relevant to the said building.
(2) The provisions of Article 175 (2) shall apply mutatis mutandis to the
notification under paragraph (1).
(3) Where there exists no report on the purport that the building currently
exists within the period under paragraph (1), and there
exists a notification
from the governmental office in charge of the house register that the house
register concerning the relevant
building is not kept, the registration officer
shall close the relevant registration form.
(4) The registered titleholder for the said ownership, other interested parties
on registration, or the relevant heir may apply
at any time for the restoration
of the registration form closed under paragraph (3), by appending thereto
the document certifying
the existence of the building.
Article 4 (Special Measures for Adjusting Registration of Mortgage, etc.)
The registration falling
under any of the following subparagraphs, which
have been entered in the registry prior to December 31, 1968, shall be
crossed
out where there exists no report from the interested parties on
the purport that the right continues to exist, within ninety days
from the
enforcement date of this Act: Provided, That in the case of a registration
of mortgage, where such entries as a registration
of a provisional injunction
subject to the said mortgage, a pre-announced registration to cancel the
registration of the said mortgage,
or a registration of application for public
7
139-2 (Supp. 46)
auction pursuant to the mortgage, are made in the registry after January
1, 1969, this provision shall not apply:
1. Mortgage;
2. Pledge;
3. Seizure;
4. Provisional seizure;
5. Provisional injunction;
6. Preannounced registration;
7. Bankruptcy;
8. Public auction.
Article 5 (Revision of Other Acts)
(1) through (4) Omitted.
(5) Except for the cases of paragraphs (1) through (4), in cases where
the provisions of the Registration of Real Estate Act are
quoted by other
Act, and where there are any corresponding provisions in this Act, the
corresponding provisions in this Act shall
be considered to have been quoted
in lieu of the former provisions.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1993.
Articles 2 through 6 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on July 1, 1994.
(2) and (3) Omitted.
ADDENDUM
This Act shall enter into force on January 1, 1997: Provided, That the
amended provisions of Article 27 (3) and subparagraph 9 of
Article 55 shall
enter into force on July 1, 1997.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
REGISTRATION OF REAL ESTATE ACT
139-3(Supp. 46)
Article 3 (Relations with Other Acts and Subordinate Statutes)
If a registration public official is cited in other Acts and subordinate
statutes at the time when this Act enters into force, a registration officer
shall be deemed to have been cited.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002.
Article 2 (Transitional Measures concerning Designation of Registration
Officers)
(1) Public officials in general service of the sub-series of court clerical
classes working for the court at the time of enforcement
of this Act may
be designated as the registration officer pursuant to the former provisions.
(2) Any person designated as the registration
officer under the former
provisions at the time of enforcement of this Act shall be deemed to have
been designated under the amended
provisions of Article 12.
ADDENDUM
This Act shall enter into force on July 1, 2002.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on June 1, 2006.
(2) (Examples of General Application) The amended provisions
of this Act
shall apply starting with the portion applied for registration for the first
time after the enforcement of this Act
for a trade contract concluded after
January 1, 2006.
ADDENDA
Article 1 (Enforcement Date)
7
139-4 (Supp. 46)
This Act shall enter into force on June 1, 2006.
Article 2 (Special Measures concerning Readjustment of Registration
of Mortgage, etc.)
(1) The registration filed prior to December 31, 1980, and falling under
any of the following subparagraphs shall be cancelled if
no report is filed
from the interested parties purporting that a right exists within 90 days
from the date of enforcement of this
Act:
1. Mortgage;
2. Pledge;
3. Seizure;
4. Provisional seizure;
5. Provisional injunction;
6. Pre-announced registration;
7. Bankruptcy;
8. Auction.
(2) Notwithstanding the provisions of paragraph (1), cases of registration
of mortgage falling under any of the following
subparagraphs shall be an
exception:
1. Where a provisional registration having a mortgage thereof as an object,
a pre-announced registration in relation to the cancelation
of registration
of the mortgage thereof, or a registration of application for auction
involved with the mortgage is recorded in
the registry after January
1, 1981;
2. Where the mortgagee is the financial institution referred to in
subparagraph 1 of Article 2 of the Act on Real Name Financial
Transactions and Guarantee of Secrecy.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 7 Omitted
REGISTRATION OF REAL ESTATE ACT
140(Supp. 46)
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 11 Omitted.
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