REGISTRATION OF REAL ESTATE ACT
Wholly Amended by Act No. 10580, Apr. 12, 2011
Amended by Act No. 10693, May 19, 2011
Act No. 10924, Jul. 25, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11826, May 28, 2013
Act No. 12421, Mar. 18, 2014
Act No. 12420, Mar. 18, 2014
Act No. 12738, jun. 3, 2014
Act No. 13435, Jul. 24, 2015
Act No. 13426, Jul. 24, 2015
Act No. 13797, Jan. 19, 2016
Act No. 13953, Feb. 3, 2016
Act No. 14901, Oct. 13, 2017
Act No. 16912, Feb. 4, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the registration of real estate.
The terms used in this Act shall be defined as follows:
| 1. | The term "register" means a book drawn up from information and data on registration that have been entered into and processed by a computerized information processing system, as prescribed by the Supreme Court Regulations; |
| 2. | The term "duplicate materials of register" means materials entered into an auxiliary memory device with the same content as the register; |
| 3. | The term "registration record" means information and data on registration concerning a parcel of land or a building; |
| 4. | The term "information on completion of registration" means information prepared by a registrar under Article 11 (1) in order to confirm the holder of a right where a new holder of a right is recorded in the register. |
| Article 3 (Registrable Rights) |
Registration shall be made for the indication of real estate and for the preservation, transfer, creation, change of, or restrictions on disposal or extinguishment of any of the following rights:
| 4. | Rights to lease on a deposit basis; |
| 7. | Security rights over claims; |
| Article 4 (Priority Order of Rights) |
| (1) | Except as otherwise prescribed by Acts, the priority order of rights registered on the same real estate shall accord with the order of registration. |
| (2) | The priority order of registration made in the same Gu shall accord with the number of order; and the priority order of registration made in other Gus shall accord with the receipt number. |
| Article 5 (Priority Order of Supplementary Registration) |
The priority order of supplementary registrations shall accord with that of main registration: Provided, That the priority order among supplementary registrations relating to main registration shall accord with the order of registration.
| Article 6 (Timing for Receipt of Applications for Registration and Timing for Effectuation) |
| (1) | An application for registration shall be deemed received as at the time information on the application for registration prescribed by the Supreme Court Regulations is stored in the computerized information processing system. |
| (2) | Where a registrar under Article 11 (1) completes registration, the registration shall take effect as at the time of receipt. |
CHAPTER II REGISTRIES AND REGISTRARS
| Article 7 (Competent Registries) |
| (1) | A district court, its branch court or a registry (hereinafter referred to as "registry") having jurisdiction over the location of real estate shall take charge of registration duties. |
| (2) | If real estate spans over the jurisdictions of several registries, the head of a higher court having jurisdiction over the registries shall designate a registry, as prescribed by the Supreme Court Regulations. |
| Article 8 (Delegation of Jurisdiction) |
The Chief Justice of the Supreme Court may have a registry delegate duties under its jurisdiction to another registry.
| Article 9 (Change of Jurisdiction) |
Where the jurisdiction of a parcel of real estate is changed to another registry, the former registry shall take measures to transfer the authority of handling registration records concerning such real estate to another registry by using a computerized information processing system.
| Article 10 (Suspension of Registration Duties) |
Where a cause to suspend registration duties arises in a registry, the Chief Justice of the Supreme Court may order the suspension of registration duties during a specified period.
| Article 11 (Handling of Registration Duties) |
| (1) | Registration duties shall be handled by a person (hereinafter referred to as "registrar") designated by the chief judge of a district court (referring to the chief judge of a branch of a district court where the duties of a registry is under the responsibility of the chief judge of a branch of a district court; hereinafter the same shall apply) from among court officials of Grade IV, Grade V, Grade VI or Grade VII (including persons who passed an employment examination administered before Dec. 31, 2001 and since have been appointed to a respective post from among court officials of Grade V, Grade VI or Grade VII; hereinafter the same shall apply) serving in the registry. |
| (2) | Registrars shall handle registration duties by recording matters to be registered in the register using a computerized information processing system. |
| (3) | Registrars shall handle registration duties in the order of receipt number. |
| (4) | When a registrar has handled registration duties, he or she shall take measures by which the registrar who has handled such registration duties can be identified. |
| Article 12 (Restrictions on Duties Handled by Registrars) |
| (1) | Where an applicant for registration is himself or herself, his or her spouse, or a first cousin or closer relative (hereinafter referred to as "spouse, etc."), he or she shall not handle registration duties without the participation of at least two adults having had ownership registered in the relevant registry, but are not the spouse, etc. of such registrar. The same shall apply where spousal relationship, etc. has ceased. |
| (2) | In cases falling under paragraph (1), a registrar shall prepare a report and put name and seal, or signature thereon together with participants. |
| Article 13 (Financial Guarantee) |
The Minister of the National Court Administration may determine and operate matters concerning the financial guarantee of registrars.
| Article 14 (Kinds of Registers) |
| (1) | Registers shall be classified into land registers and building registers. |
| (2) | Registers shall be kept permanently. |
| (3) | Registers shall be kept and maintained at a place prescribed by the Supreme Court Regulations, and shall not be taken out of such place except for cases of seeking refuge from wars, natural disasters or any situation corresponding thereto. |
| (4) | No documents supplemental to registers shall be taken out of registries except for cases of seeking refuge from wars, natural disasters or any situation corresponding thereto: Provided, That this shall not apply where applications or other supplemental documents are to be taken out of registries by order or entrustment of a court or are confiscated with a warrant issued by a court judge. |
| (1) | When a register is compiled, one registration record shall be made for one parcel of land or one building: Provided, That where a building is divided into several sections, one registration record shall be made for the whole of the building. |
| (2) | A registration record shall consist of title sections in which the indication of real estate is recorded, section A in which ownership is recorded and section B in which matters concerning rights, other than ownership, are recorded. |
| Article 16 (Preparation of Duplicate Data of Registers) |
When a registrar completes registration, he or she shall prepare duplicate data of registration.
| Article 17 (Damage to Registers and Restoration Thereof) |
| (1) | Where all or part of a register is damaged or is likely to be damaged, the Chief Judge of the Supreme Court may order necessary disposition, such as restoration of the register, prevention of damage, etc., as prescribed by the Supreme Court Regulations. |
| (2) | The Chief Judge of the Supreme Court may delegate authority concerning the order of disposition under paragraph (1) to the Minister of National Court Administration or the chief judges of district courts. |
| Article 18 (Measures for Prevention of Damage to Supplemental Documents) |
| (1) | Where documents supplemental to registers are likely to be damaged or lost, the Chief Justice of the Supreme Court may issue orders to prevent such damage. |
| (2) | Article 17 (2) shall apply mutatis mutandis to the orders of disposition under paragraph (1). |
| Article 19 (Perusal of Registered Matters and Certification) |
| (1) | Anyone may request a registry to allow him or her to peruse all or part of matters entered in a registration record or to issue a certificate of registered matters, as prescribed by the Supreme Court Regulations, upon paying fees: Provided, That he or she may request a registry to allow him or her to peruse only the part of documents supplemental to a registration record in which he or she has interest. |
| (2) | Requests for perusal and issuance of a certificate of registered matters under paragraph (1) may be also made at any registry in addition to the relevant registry. |
| (3) | Fees under paragraph (1) and the scope of exemption therefrom shall be prescribed by the Supreme Court Regulations. |
| Article 20 (Closure of Registration Records) |
| (1) | When a registrar copies the whole of registered matters in a register in a new register, the previous one shall be closed. |
| (2) | The closed register shall be kept permanently. |
| (3) | Article 19 shall apply mutatis mutandis to closed registers. |
| Article 21 (Rearrangement of Overlapping Registration Records) |
| (1) | Where a registrar finds overlapping registration records of the same parcel of land, he or she shall close one of the overlapping registration records, as prescribed by the Supreme Court Regulations. |
| (2) | A registered titleholder whose registration record is closed pursuant to paragraph (1) or a party interested in such registration may request a registry to reinstate the closed registration record by verifying that the parcel of land belongs to the registered titleholder whose registration record is closed. |
CHAPTER IV PROCEDURES FOR REGISTRATION
SECTION 1 General Provisions
| Article 22 (Principle of Application) |
| (1) | Registration shall be made by application of an interested party or on the entrustment of a public office. |
| (2) | Unless otherwise prescribed by any Act to the contrary, provisions concerning registration by application shall apply mutatis mutandis to the procedures for registration on entrustment. |
| (3) | Anyone who intends to file for a registration shall pay fees, as prescribed by the Supreme Court Regulations. |
| Article 23 (Applicants for Registration) |
| (1) | Unless prescribed otherwise by any Act, registration shall be applied jointly by a person entitled to file for a registration and a person obliged to file for a registration. |
| (2) | Registration of preservation of ownership or registration of cancellation thereof shall be applied unilaterally by a person who is to be a titleholder or by a titleholder. |
| (3) | Registration according to inheritance, merger of corporations and general succession prescribed by the Supreme Court Regulations shall be applied unilaterally by a person entitled to file for a registration. |
| (4) | The prevailing person entitled to file for a registration or a person obliged to file for a registration shall alone apply for registration by a judgment ordering the implementation or acceptance of the registration procedure, and a person entitled to file for a registration or a person obliged to file for a registration shall alone apply for registration by the judgment of dividing the co-owned property. <Amended on Feb. 4> |
| (5) | Registration of change or correction of indication of real estate shall be applied unilaterally by a titleholder. |
| (6) | Registration of change or correction of indication of a registered titleholder shall be applied unilaterally by the registered titleholder of the relevant right. |
| (7) | Trust registration of real estate held in trust property shall be applied unilaterally by a trustee. <Newly Inserted on May 28, 2013> |
| (8) | Where a trustee establishes a trust on trust property and puts it under the management of another person pursuant to Article 3 (5) of the Trust Act, the trustee of new trust shall be a registered titleholder for the registration of transfer of the right to real estate held in the relevant trust property and the trustee of original trust shall be a person obliged to file for a registration. In such cases, registration of trust of real estate held in the relevant trust property shall be applied unilaterally by the trustee of new trust pursuant to paragraph (7). <Newly Inserted on May 28, 2013> |
| Article 24 (Methods of Applying for Registration) |
| (1) | Registration shall be applied by any of the following methods: <Amended on Feb. 3, 2016> |
| 1. | A method in which an applicant or his or her agent goes to a registry and submits documents stating application information and accompanying information: Provided, That when such agent is an attorney (including a law firm, a law firm with limited liability, and a judicial association; hereinafter the same shall apply) or a certified judicial scrivener (including a corporation of certified judicial scriveners and a corporation of certified judicial scriveners with limited liability; hereinafter the same shall apply), he or she may require a clerk prescribed by the Supreme Court Regulations to go a registry and submit such documents; |
| 2. | A method in which application information and accompanying information are sent via a computerized data processing system, as prescribed by the Supreme Court Regulations (limited to the type of registration designated by the Minister of Supreme Court Administration). |
| (2) | Information on application and accompanying information to be provided by an applicant shall be prescribed by the Supreme Court Regulations. |
| Article 25 (Methods of Providing Information on Application) |
An application for registration shall be made by providing application information on a parcel of real estate for each application; Provided, That where the purpose of registration and ground for registration are the same or in cases prescribed by the Supreme Court Regulations, application information on several parcels of real estate located in the jurisdiction of the same registry may be provided en bloc.
| Article 26 (Applications for Registration by Associations Other Than Corporations) |
| (1) | As for the registration of real estate belonging to a clan, family, or association or foundation with a representative or manager, other than a corporation, such association or foundation shall be an entity entitled to file for a registration or an entity obliged to file for a registration. |
| (2) | Registration under paragraph (1) shall be applied in the name of the association or foundation by its representative or manager. |
| Article 27 (Applications for Registration by General Successors) |
Where a person entitled to file for a registration or a person obliged to file for a registration comes into an inheritance or succeeds to a universal title after grounds for registration arise, the inheritor or general successor may apply for registration.
| Article 28 (Applications for Registration by Right of Subrogation of Creditors) |
| (2) | When a registrar files for a registration on an application by subrogation under paragraph (1) or other Acts and subordinate statutes, he or she shall record the name or title, address or location of an office of the subrogating party, and grounds for subrogation. |
| Article 29 (Rejection of Applications) |
A registrar shall, only in any of the following cases, reject an application according to a decision stating the grounds therefor: Provided, That this shall not apply where an applicant corrects errors by the day following the date on which the registrar orders the applicant to correct errors, if such errors in the application can be corrected:
| 1. | Where the case does not fall under the jurisdiction of such registry; |
| 2. | Where the case is not a matter to be registered; |
| 3. | Where registration is applied by a person who is not entitled to apply for registration; |
| 4. | Where an interested party or his or her agent is not present when registration is applied as prescribed in Article 24 (1) 1; |
| 5. | Where the provision of information on application does not conform to a method prescribed by the Supreme Court Regulations; |
| 6. | Where the indication of real estate or a right which is the object of registration stated in the application information is not in conformity with the registration record; |
| 7. | Where the indication of a person obliged to file for a registration stated in the application information is not in conformity with the registration record: Provided, That where a general successor applies for registration pursuant to Article 27, such case shall be excluded therefrom; |
| 8. | Where application information is not in conformity with information proving grounds for registration; |
| 9. | Where no accompanying information necessary for registration is provided; |
| 10. | Where acquisition tax (where it is paid in installments pursuant to Article 20-2 of the Local Tax Act, referring to an amount to be paid in installments before filing for a registration), registration license tax (applicable only to registration license tax on registration) or fees are not paid, or a duty imposed on the applicant by other Acts in connection with the application for registration is not performed; |
| 11. | Where the indication of real estate entered in the application information or registration record is not in conformity with that on the land cadastre, forest land cadastre or building ledger. |
| Article 30 (Notification of Completion of Registration) |
When a registrar completes registration, he or she shall notify an applicant, etc. of such fact.
| Article 31 (Change of Administrative Districts) |
Where administrative districts or names thereof are changed, administrative districts or names thereof entered in the registration record shall be deemed changed.
| Article 32 (Correction of Registration) |
| (1) | Where a registrar discovers an error or omission in the registration after he or she completes registration, he or she shall, without delay, notify a person entitled to file for a registration and a person obliged to file for a registration of such fact; where there in no one entitled to file for a registration or no one liable to file for a registration, he or she shall notify a registered titleholder of such fact: Provided, That where there are at least two persons entitled to file for a registration, persons liable to file for a registration or registered titleholders, respectively, he or she shall be allowed to notify one of them of such fact. |
| (2) | Where a registrar discovers that an error or omission in the registration is due to his or her mistake, he or she shall, without delay, correct it ex officio: Provided, That where a third party having interest in the registration exists, the third party’s consent shall be obtained. |
| (3) | Where a registrar corrects registration pursuant to paragraph (2), he or she shall notify such fact to a person entitled to file for a registration, person obliged to file for a registration or a registered titleholder. In such cases, proviso to paragraph (1) shall apply mutatis mutandis. |
| (4) | Where registration is completed by right of subrogation of a creditor, notification under paragraphs (1) and (3) may be given to the creditor. In such cases, proviso to paragraph (1) shall apply mutatis mutandis. |
| Article 33 (Copying Registration Records into New Registration Records) |
Where needs to copy registration records into new registration records exist due to reasonable grounds, such as that too many matters recorded in the registration records cause inconvenience in handling, etc., a registrar may copy only currently effective registration into new registration records.
SECTION 2 Registration of Indication
Sub-Section 1 Registration of Indication of Land
| Article 34 (Matters to Be Registered) |
A registrar shall record the following matters in the title section of registration record:
| 3. | Location and lot number; |
| 6. | Grounds for registration. |
| Article 35 (Application for Registration of Changes) |
Where a parcel of land is subdivided or combined, or registered matters under Article 34 are changed, a registered titleholder of the land shall apply for registration within one month from the time such fact occurs.
| Article 36 (Registration of Change of Indication Ex Officio) |
| (2) | Where a registrar makes a registration under paragraph (1), he or she shall, without delay, notify the fact to the competent administrative office in charge of land cadastre and a registered titleholder: Provided, That where at least two registered titleholders exist, he or she shall be allowed to notify one of them of the fact. |
| Article 37 (Restrictions on Combining Lots of Land) |
| (1) | Where there is a registration of rights other than those listed in each of the following on the land whose lots to be combined, the combining lots of land shall not be registered: <Amended on Feb. 4, 2020> |
| 1. | Registration of an ownership, superficies, Rights to lease on a deposit basis, and servient estate (estate for providing benefits): |
| 2. | Registration of a mortgage having the same ground for registration, date and receipt number as that of all the land to be combined; |
| 3. | Registration of trust of which the matters to be registered under the subparagraphs of Article 81 (1) on all the land to be combined are the same. |
| (2) | When a registrar rejects an application for registration in violation of paragraph (1), he or she shall, without delay, notify the competent administrative office in charge of land cadastre of the grounds therefor. |
| Article 38 (Special Exceptions to Combining Lots of Land) |
| (1) | Even where the transfer of ownership is registered on part of land among land combined before the combination of lots of land is registered but after procedures for combining the lots of land under the Act on the Establishment, Management, etc. of Spatial Data are completed, registered owners of the relevant land may apply for the registration of combination of lots to co-own the land after combination of the lots if interested parties consent thereto. <Amended on Jun. 3, 2014> |
| (2) | Even where a right corresponding to the grounds for restrictions on the registration of combination of lots of land prescribed in Article 37 (1) is registered on a lot of land among land combined before the combination of lots of land is registered but after procedures for combining land pursuant to the Act on the Establishment, Management, etc. of Spatial Data are completed, a registered titleholders of ownership of the relevant land may apply for the registration of combination of lots of land which converts the object of their right into the ownership stake in the land after the combination of lots if interested parties give consent thereto: Provided, That where an easement is registered on the dominant estate, the registration of combination of lots shall be applied for an easement on the whole parcels of land after combination of lots. <Amended on Jun. 3, 2014> |
| Article 39 (Application for Registration of Loss) |
Where land is lost, a registered titleholder of the land shall apply for registration within one month from the time such incident occurs.
Sub-Section 2 Registration concerning Indication of Buildings
| Article 40 (Matters to Be Registered) |
| (1) | A registrar shall record the following matters in the title section of registration record of a building: |
| 3. | Location, lot number and building number: Provided, That where only one building stands on the same lot number, building number shall not be recorded; |
| 4. | Kind, structure and size of building; where an annexed building exists, the kind, structure and size of the annexed building shall also be recorded; |
| 5. | Grounds for registration; |
| (2) | Where a building to be registered is a sectioned building, a registrar shall record location, lot number, building name and building number in the title section of registration record of the building and building number in the title section of registration record of a part under exclusive ownership instead of location, lot number and building number under paragraph (1) 3. |
| (3) | Where a right to use a site (hereinafter referred to as "right to a site") as defined in subparagraph 6 of Article 2 of the Act on Ownership and Management of Condominium Buildings, which cannot be alienated from a building and disposed of, is vested in a sectioned building, a registrar shall record matters concerning the indication of land being the object of a right to a site in the title section of registration record of a building and matters concerning the indication of a right to a site in the title section of registration record of a section under exclusive ownership, in addition to matters to be recorded as prescribed in paragraph (2). |
| (4) | If a registrar registers a right to a site pursuant to paragraph (3), he or she shall, ex officio, record that ownership, superficies, a right to lease on a deposit basis or leasehold interest is a right to a site in the registration record of land being the object of a right to a site. |
| Article 41 (Application for Registration of Changes) |
| (1) | Where a building is divided, sectioned or combined with another building, or registered matters under Article 40 are changed, a titleholder of such building shall apply for registration within one month from the time such fact exists. |
| (2) | As for a sectioned building and for which only indication is registered, a person falling under any of the subparagraphs of Article 65 shall apply for registration under paragraph (1). |
| (3) | Where change or extinguishment of a right to a site exists in a sectioned building, a registered titleholder of a section may apply for the registration thereof in subrogation of the registered titleholders of other sections of the same building. |
| (4) | Where a building is a sectioned one, the registration of change of registered matters recorded in the title section of a building among registration record of the building shall have the effect of registration of changes on other sections of the same building. |
| Article 42 (Restrictions on Combination of Buildings) |
| (1) | Where the building to be combined has a registration for rights other than those listed in each of the following, the registration of the combination shall not be made: <Amended on Feb. 4, 2020> |
| 1. | Registration of ownership, right to lease on a deposit basis, and leasehold interests; |
| 2. | The registration of a mortgage that has the same ground for registration, date and receipt number as that of all the buildings to be combined; |
| 3. | Registration of a trust, the matters to be registered under each subparagraph of Article 81 (1) of which are identical in all buildings to be combined. |
| (2) | Where a registrar rejects an application for registration filed in violation of paragraph (1), he or she shall notify, without delay, the competent administrative agency in charge of building ledgers of the grounds therefor. |
| Article 43 (Application for Registration of Destruction) |
| (1) | Where a building is destroyed, a registered titleholder of such building shall apply for registration within one month from the time such incident occurs. In such cases, Article 41 (2) shall apply mutatis mutandis. |
| (2) | If a registered titleholder fails to apply for the registration of destruction within one month, the owner of the site of such building may apply for registration in subrogation of the registered titleholder of the building. |
| (3) | Where the whole of a sectioned building is destroyed, the registered titleholder of a section may apply for the registration of destruction of the whole building in subrogation of the registered titleholders of other sections of such building. |
| Article 44 (Non-Existence of Buildings) |
| (1) | Where registration of a nonexistent building exists, a registered titleholder of such building shall, without delay, apply for the registration of destruction of such building. |
| (2) | Article 43 (2) shall apply mutatis mutandis where a registered titleholder of such building fails to apply for registration as prescribed in paragraph (1). |
| (3) | Where a building not in existence is a sectioned one, Article 43 (3) shall apply mutatis mutandis. |
| Article 45 (Destruction of Buildings with Parties Interested in Registration) |
| (1) | Where registration of destruction is applied on a building for which a right other than ownership is registered, a registrar shall notify the registered titleholder of such right of the purport that registration of destruction is to be made unless he or she raises an objection within a specified period of up to one month: Provided, That where the purport of destruction of building is recorded in the building ledger or the registered titleholder of a right other than ownership agrees to the registration of destruction, this shall not apply. |
| (2) | Articles 58 (2) through (4) shall apply mutatis mutandis to cases falling under the main clause of paragraph (1). |
| Article 46 (Registration concerning Indication of Sectioned Buildings) |
| (1) | Where registration of preservation of ownership is applied for only part of a sectioned building, registration of indication shall be applied simultaneously with the rest of the sectioned building. |
| (2) | In cases falling under paragraph (1), the owner of a sectioned building may apply for the registration of indication of the building in subrogation of the owners of other sections of the building. |
| (3) | Where registration of preservation of ownership is applied for a sectioned building built adjoining a building registered as a non-sectioned building, registration of change of indication of building shall be simultaneously applied for the non-sectioned building to register it as a sectioned building. In such cases, paragraph (2) shall apply mutatis mutandis. |
| Article 47 (Registration of Section for Common Use under Agreement and Registration Following Repeal of Agreement) |
| (1) | Registration to the effect that it is a section for common use under Article 3 (4) of Act on Ownership and Management of Condominium Buildings shall be applied by a registered titleholder. In such cases, where registration of a right other than ownership exists on a section for common use, consent from the registered titleholder of such right shall be obtained. |
| (2) | Where an agreement to the effect that it is a section for common use is repealed, the acquirer of the section for common use shall, without delay, apply for the registration of preservation of ownership. |
SECTION 3 Registration concerning Rights
Sub-Section 1 Common Provisions
| Article 48 (Matters to Be Registered) |
| (1) | When a registrar registers rights in Section A or Section B, he or she shall record the following matters: |
| 2. | Purpose of registration; |
| 3. | Date of receipt and receipt number; |
| 4. | Grounds for registration and date thereof; |
| (2) | When matters concerning a titleholder under paragraph (1) 5 are recorded, a resident registration number or registration number for the registration of real estate, and address or location of office shall also be recorded in addition to the name or title of the titleholder. |
| (3) | When any registration is made in the name of an association or foundation, other than corporation as prescribed in Article 26, the name, address and resident registration number of its representative or manager shall also be recorded. |
| (4) | Where the number of titleholders under paragraph (1) 5 is at least two, the ownership stake of each titleholder shall be recorded; if a right to be registered is included therein, the purport shall be recorded. |
| Article 49 (Procedures for Assigning Registration Numbers) |
| (1) | A registration number for registration of real estate (hereinafter referred to as "registration number") under Article 48 (2) shall be assigned according to the following methods: <Amended on Mar. 23, 2013; Mar. 18, 2014; Jul. 24, 2015> |
| 1. | Registration numbers for the State, local governments, international organizations and foreign governments shall be designated and publicly notified by the Minister of Land, Infrastructure and Transport; |
| 2. | A registration number shall be assigned to a Korean national residing abroad with no resident registration number by the registrar of a registry having jurisdiction over the location of the Supreme Court, and a registration number shall be assigned to a corporation by the registrar of a registry having jurisdiction over the location of its principal office (referring to the head office in cases of a company; and to a sales office or branch office in Korea, the establishment of which is first registered in cases of a foreign company); |
| 3. | A registration number shall be assigned to an association or foundation other than a juristic person and to a foreign corporation that has not registered its sales office or branch office in Korea by the head of a Si (including the heads of administrative Sis under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, but excluding the heads of Sis that have Gus other than an autonomous Gu as prescribed in Article 3 (3) of the Local Autonomy Act), Gun or Gu (including the head of a Gu, other than an autonomous Gu); |
| 4. | A registration number shall be assigned to a foreigner by the head of a local immigration office having jurisdiction over his or her place of sojourn (if he or she has no place of sojourn in Korea, the seat of the Supreme Court shall be deemed his or her place of sojourn). |
| (2) | Procedures for assigning registration numbers pursuant to paragraph (1) 2 shall be prescribed by the Supreme Court Regulations, and procedures for assigning registration numbers pursuant to paragraph (1) 3 and 4 shall be prescribed by Presidential Decree. |
| Article 50 (Information on Completion of Registration) |
| (1) | Where a registrar completes registration of a new right, he or she shall prepare information on completion of registration and notify it to a registered titleholder: Provided, That this shall not apply in any of the following cases: |
| 1. | Where the registered titleholder declines to be notified of information on completion of registration; |
| 2. | Where the State or a local government is the registered titleholder; |
| 3. | Cases prescribed by the Supreme Court Regulations, in addition to those under subparagraphs 1 and 2. |
| (2) | Where a registered titleholder and a person liable to make a registration jointly apply for registration of a right, applicants shall supply information on completion of registration of a person obliged to make a registration that has been notified together with information on application to the registry. The same shall also apply to cases in which a person liable to make a registration who wins a suit applies for the registration of a right unilaterally. |
| Article 51 (Non-Existence of Information on Completion of Registration) |
Where information on completion of registration of a person obliged to make a registration does not exist in cases under Article 50 (2), the person obliged to make a registration or his or her legal representative (hereinafter referred to as "person obliged to make a registration, etc.) shall appear in the registry and obtain confirmation from the registrar that he or she is a person obliged to make a registration, etc.: Provided, That this shall not apply where the fact that the representative (referring only to an attorney or certified judicial scrivener) of applicants is delegated by a person obliged to make a registration, etc. is confirmed or the part to be prepared by a person obliged to make a registration, etc. in an application (where a representative by delegation files an application, referring to documents verifying his or her authority) has been notarized.
| Article 52 (Supplementary Registration) |
When a registrar registers the following matters, he or she shall make a supplementary registration: Provided, That this shall not apply where consent is not given by a third party with an interest in registration under subparagraph 5:
| 1. | Registration of change or correction of the indication of a registered titleholder; |
| 2. | Registration of transfer of a right other than ownership; |
| 3. | Registration of a right with a purpose of a right other than ownership; |
| 4. | Registration of restrictions on disposal of a right other than ownership; |
| 5. | Registration of change or correction of a right; |
| 6. | Registration of special agreements for repurchase under Article 53; |
| 7. | Registration of agreements for the extinguishment of a right under Article 54; |
| 8. | Registration of agreements for prohibition against division of co-owned property under the latter part of Article 67 (1); |
| 9. | Registration prescribed by the Supreme Court Regulations. |
| Article 53 (Registration of Special Agreements for Repurchase) |
When a registrar registers a special agreement for repurchase, he or she shall record the following matters; Provided, That only where grounds for registration specify to record matters under subparagraph 3, such matters shall be recorded:
| 1. | The amount paid by a purchaser; |
| 2. | Expenses incurred in relation to the sale and purchase; |
| Article 54 (Registration of Agreements on Extingishment of Rights) |
Where an agreement on the extinguishment of a right is included in the grounds for registration, an applicant may apply for the registration of such agreement.
| Article 55 (Extinguishment of Rights Due to Death and Registration of Cancellation) |
Where an agreement that a right extinguishes following the death of a person or the dissolution of a corporation, who is a registered titleholder, is registered, and such right extinguishes following death of the person or dissolution of the corporation, a person entitled to make a registration may unilaterally apply for the cancellation of such registration by proving such fact.
| Article 56 (Unknown Whereabouts of Person obliged to Make a Registration and Registration of Cancellation) |
| (1) | Where a person entitled to make a registration is unable to apply for the cancellation of registration jointly with a person obliged to make a registration due to his or her unknown whereabouts, he or she may apply for public summons, as prescribed by the Civil Procedure Act. |
| (2) | Where a judgment of nullification exists in cases falling under paragraph (1), a person entitled to make a registration may unilaterally apply for the cancellation of registration by proving such fact. |
| Article 57 (Cancellation of Registration with Third Parties Having Interest) |
| (1) | Where the cancellation of registration is applied and a third party with an interest in the registration exists, consent from such third party is required. |
| (2) | Where registration is cancelled pursuant to paragraph (1), a registrar shall cancel registration in the name of a third party with an interest in the registration ex officio. |
| Article 58 (Cancellation of Registration Ex Officio) |
| (1) | If a registrar finds that registration corresponds to subparagraph 1 or 2 of Article 29 after he or she completes the registration, he or she shall notify a person entitled to make a registration, person obliged to make a registration and third party with an interest in the registration of the purport that he or she is going to cancel the registration within a specified period of up to one month if no objection is raised. |
| (2) | If the address or abode of a person who is to receive notification under paragraph (1) is unknown, such notification shall be posted on the bulletin board of the registry during the period under paragraph (1) or be publicly announced, as prescribed by the Supreme Court Regulations, in place of notification under paragraph (1). |
| (3) | If a person raises objection to cancellation under paragraph (1), a registrar shall make a decision on such objection. |
| (4) | Where no person raises objection during a period under paragraph (1) or an objection is rejected, a registrar shall cancel the registration under paragraph (1) ex officio. |
| Article 59 (Reinstatement of Cancelled Registration) |
Where the reinstatement of cancelled registration is applied and a third party with an interest in the registration exists, consent from such third party shall be required.
| Article 60 (Acquisition of Rights to Use Sites) |
| (1) | Where a person who built a sectioned building has a right to use a site as defined in subparagraph 6 of Article 2 of the Act on Ownership and Management of Condominium Buildings and he or she has completed registration of transfer of ownership over the sectioned building only without registering a right to use the site, he or she may apply for registration of transfer of a right to use the site jointly with the current titleholder of the sectioned building. |
| (2) | Paragraph (1) shall apply mutatis mutandis where a person who has built and transferred a sectioned building agrees to acquire and transfer a right to use the site of such building afterward. |
| (3) | Registration under paragraphs (1) and (2) shall be applied simultaneously with the registration of a right to a site. |
| Article 61 (Where Right to Site Is Registered in Registration Records of Sectioned Buildings) |
| (1) | Registration of a right to a building made after a right to a site is registered shall have the same effect on a right to the site: Provided, That this shall not apply where a purport that such registration is for only the building is supplementarily recorded. |
| (2) | The priority order of registrations made in a Gu among registrations having an effect as registration of a right to a site under paragraph (1) and registration record of land being the object of a right to a site shall accord with the receipt number. |
| (3) | On the registration record of a sectioned building for which a right to a site is registered, a registration for transfer of ownership, registration for settlement of mortgage or other registration relating thereto over the building only shall not be made. |
| (4) | On the registration record of land for which a purport that it is a right to a site is registered where ownership of land is a right to a site, a registration of transfer of ownership, registration of settlement of mortgage or other registration relating thereto shall not be made. |
| (5) | Paragraph (4) shall apply mutatis mutandis where superficies, a right to lease on a deposit base or leasehold interest is a right to a site. |
| Article 62 (Notification of Change of Ownership) |
Where a registrar registers the following matters, he or she shall, without delay, notify such fact to an administrative agency in charge of cadastre in the case of land, and to an administrative agency in charge of a building ledger in the case of a building:
| 1. | Preservation or transfer of ownership; |
| 2. | Change or correction of indication of a registered titleholder; |
| 3. | Change or correction of ownership; |
| 4. | Cancellation of ownership or reinstatement from cancellation. |
| Article 63 (Provision of Taxation Data) |
Where a registrar completes the registration of preservation or transfer of ownership (including provisional registration), he or she shall notify such fact to the head of a district tax office having jurisdiction over the location of real estate.
Sub-Section 2 Registration concerning Ownership
| Article 64 (Matters to Be Registered in Registration of Preservation of Ownership) |
When a registrar registers the preservation of ownership, he or she shall not record grounds for registration and the date thereof, notwithstanding Article 48 (1) 4.
| Article 65 (Applicants for Registration of Preservation of Ownership) |
Any of the following persons may apply for the registration of preservation of ownership of unregistered land or buildings:
| 1. | An initial owner registered in the land cadastre, forest land cadastre or building cadastre, his or her heir or a general successor; |
| 2. | A person who verifies his or her ownership by a court ruling; |
| 3. | A person who verifies that he or she has acquired ownership by expropriation. |
| 4. | A person who verifies his or her ownership (limited to buildings) through the confirmation of the Governor of a Special Self-Governing Province, or the head of a Si, Gun, Gu (referring to the head of an autonomous Gu). |
| Article 66 (Registration of Restrictions on Disposal of Unregistered Real Estate and Preservation Ex Officio) |
| (1) | If a registrar registers restrictions on the disposal of ownership of unregistered real estate on the entrustment of a court, he or she shall register the preservation of ownership ex officio, and record the purport that he or she registers ownership in accordance with a ruling of the court ordering him or her to register restrictions on disposal. |
| (2) | Article 65 shall not apply where a registrar registers the preservation of ownership of a building pursuant to paragraph (1): Provided, That where approval for use has not been obtained even though such building is subject to approval for use under the Building Act, such fact shall be stated in the title section of the register. |
| (3) | Where approval for use under the Building Act is granted on a building registered pursuant to the proviso to paragraph (2), a registered titleholder of such building shall, within a month, apply for registration of cancellation of record under proviso to paragraph (2). |
| Article 67 (Partial Transfer of Ownership) |
| (1) | When a registrar registers the transfer of part of ownership, he or she shall record ownership stake to be transferred. In such cases, where an agreement under proviso to Article 268 (1) of the Civil Act exists in the grounds for registration, such agreement shall also be recorded. |
| (2) | The registration of change of an agreement under the latter part of paragraph (1) shall be applied jointly by all the co-owners. |
| Article 68 (Registration of Transaction Value) |
Sub-Section 3 Registration concerning Usufructuary Rights
| Article 69 (Matters to Be Registered in Superficies) |
Where a registrar registers the creation of superficies, he or she shall record the following matters in addition to matters prescribed in Article 48: Provided, That only if grounds for registration include an agreement, subparagraphs 3 through 5 shall be recorded: | 1. | Purpose of creating superficies; |
| 4. | Rent and timing of payment; |
| 6. | Where the scope of creation of superficies is part of land, the number of drawings indicating such part. |
| Article 70 (Matters to Be Registered in Easements) |
Where a registrar registers the creation of an easement, he or she shall record following matters in addition to the matters prescribed in Article 48 (1) 1 through 4: Provided, That only if grounds for registration includes an agreement, subparagraph 4 shall be recorded: | 1. | Purpose of creating easement; |
| 5. | Where the creation of easement is registered over part of servient estate, the number of drawings indicating such part. |
| Article 71 (Matters to Be Registered in Easements of Dominant Estate) |
| (1) | Where a registrar registers the creation of easement in servient estate, he or she shall record the following matters in the registration record of dominant estate: |
| 1. | Number of priority order; |
| 2. | Purpose of registration; |
| 4. | Purpose of creating easement; |
| (2) | If servient estate belongs to the jurisdiction of another registry, a registrar shall, without delay, notify such registry of the servient estate, dominant estate, purpose and scope of creating easement and the date when an application is received. |
| (3) | The registrar of the registry that receives notification under paragraph (2) shall, without delay, record matters under subparagraphs 1 through 5, and the date and receipt number of such notification in the registration record of the real estate which is dominant estate. |
| (4) | Paragraphs (2) and (3) shall apply mutatis mutandis where a registrar registers the change or cancellation of easement. |
| Article 72 (Matters to Be Registered in Rights to Lease on Deposit Basis) |
| (1) | Where a registrar registers the creation of a right to lease on a deposit basis or sublease on a deposit basis, he or she shall record the following matters in addition to matters prescribed in Article 48: Provided, That only if grounds for registration include an agreement, subparagraphs 3 through 5 shall be recorded: |
| 1. | Security deposit for lease on a deposit basis or security deposit for sublease on a deposit basis; |
| 4. | Penalty for breach of an agreement; |
| 6. | Where the scope of creation of a right to lease on a deposit basis or the scope of sublease is part of real estate, the number of drawings indicating such part. |
| (2) | Article 78 shall apply mutatis mutandis where the creation of a right to lease on a deposit basis aiming at rights to several parcels of real estate is registered. |
| Article 73 (Registration of Partial Transfer of Rights to Lease on Deposit Basis Following Partial Transfer of Claim for Refund of Security Deposit) |
| (1) | Where a registrar registers partial transfer of a right to lease on a deposit basis on the grounds of partial transfer of claim for refund of security deposit, he or she shall record the amount of transfer. |
| (2) | The registration of partial transfer of a right to lease on a deposit basis under paragraph (1) shall not be applied before the period of existence of a right to lease on a deposit basis expires; Provided, That this shall not apply where registration is applied by verifying that relevant right to lease on a deposit basis has expired even before the period of existence expires. |
| Article 74 (Matters to Be Registered in Leasehold Interests) |
Where a registrar registers the creation of leasehold interests or the sublease of leased objects, he or she shall record the following matters in addition to matters prescribed in Article 48: Provided, That subparagraphs 3 through 6 shall be recorded only if the matters are found in the ground of registration: <Amended on Feb. 4, 2020> | 3. | Time for paying rents; |
| 4. | Period of existence: Provided, That where it is a short-term lease under Article 619 of the Civil Act by a lessor having no capability or authority of disposal, such purport shall also be recorded; |
| 5. | Security deposit for lease; |
| 6. | Consent from a lessor concerning the transfer of leasehold interest or sublease of leased objects; |
| 7. | Where the scope of creation of leasehold interest or the scope of sublease of leased objects is part of real estate, the number of drawings indicating such part. |
Sub-Section 4 Registration concerning Security Rights
| Article 75 (Matters to Be Registered in Mortgage) |
| (1) | Where a registrar registers the creation of mortgage, he or she shall record the following matters in addition to matters prescribed in Article 48: Provided, That only if grounds for registration include an agreement, subparagraphs 3 through 8 shall be recorded: |
| 2. | Name or title of an obligee and his or her address or location of his or her office; |
| 3. | Timing for paying reimbursement; |
| 4. | Interest, date on which interest accrues and date of payment of interest; |
| 5. | Place for paying principal or interest; |
| 6. | Agreement on compensation for damage due to default; |
| (2) | Where the contents of mortgage under paragraph (1) are collateral security, the following matters shall be recorded in addition to matters prescribed in Article 48: Provided, That only if grounds for registration include an agreement, subparagraphs 3 and 4 shall be recorded: |
| 1. | Maximum amount of claim; |
| 2. | Name or title of a debtor and his or her address or location of his or her office; |
| Article 76 (Matters to Be Registered in Pledge Right against Mortgage-Backed Credit) |
| (1) | Where a registrar registers a pledge right against mortgage-backed credit pursuant to Article 348 of the Civil Act, he or she shall record the following matters in addition to matters prescribed in Article 48: |
| 1. | Amount of credit or maximum amount of credit; |
| 2. | Name or title of a debtor and his or her address or location of an office; |
| 3. | Where an agreement states the period of reimbursement and interest, the details thereof. |
| 1. | Amount of claim or maximum amount of claim; |
| 2. | Name or title of a debtor and his or her address or location of an office; |
| 3. | Where an agreement states the period of reimbursement and interest, the details thereof. |
| Article 77 (Where Secured Claim Does Not Aim at Amount) |
Where a registrar registers the creation of a mortgage right in order to guarantee a claim that does not aim at a certain amount, he or she shall record the assessed amount of the claim.
| Article 78 (Registration of Joint Mortgages) |
| (1) | Where a registrar registers the creation of mortgage aiming at a right to several parcels of real estate for the same claim, he or she shall record a purport in the registration record of each parcel of real estate that a right to such parcel of real estate is provided as the purpose of mortgage together with rights to other parcels of real estate. |
| (2) | Where real estate in cases falling under paragraph (1) is at least five parcels, a registrar shall prepare a list of joint mortgages. |
| (3) | The list of joint mortgages under paragraph (2) shall be deemed part of a registration record. |
| (4) | Where a registrar registers the creation of mortgage aiming at a right to one or several parcels of real estate, and thereafter registers the creation of mortgage aiming at a right to another one or several parcels of real estate for the same claim, he or she shall record a purport that a right to each parcel of real estate is provided all together as the object of mortgage on the registration record and previous registration record. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis. |
| (5) | Article 71 (2) and (3) shall apply mutatis mutandis where real estate registered previously belongs to the jurisdiction of another registry in cases falling under paragraph (4). |
| Article 79 (Matters to Be Registered in Registration of Transfer of Part of Mortgages Due to Transfer of Part of Claim or Subrogated Reimbursement) |
Where a registrar registers the transfer of part of mortgage due to the transfer of part of claim or subrogated reimbursement, he or she shall record the amount of transfer or amount of reimbursement in addition to matters prescribed in Article 48.
| Article 80 (Registration of Joint Mortgage by Subrogation) |
| (1) | Where a registrar makes a registration under the latter part of Article 368 (2) of the Civil Act by subrogation, he or she shall record the following matters in addition to matters prescribed in Article 48: |
| 1. | Sold real estate (where a right other than ownership is the object of mortgage, referring to such right); |
| 3. | Amount that a prior mortgagee receives as reimbursement. |
| (2) | Article 75 shall apply mutatis mutandis to the registration under paragraph (1). |
Sub-Section 5 Registration concerning Trust
| Article 81 (Matters to Be Registered in Trust Registration) |
| (1) | Where a registrar makes a trust registration, he or she shall prepare a trust ledger in which the following matters are recorded, and record the number of a trust ledger in the registration record in addition to matters prescribed in Article 48: <Amended on Mar. 18, 2014> |
| 1. | Name and address of a truster, trustee and beneficiary (in the case of a corporation, referring to the name and location of an office); |
| 2. | Where a person is determined to be given the authority to designate or change a beneficiary, the name and address of such person (in the case of a corporation, referring to the name and location of an office); |
| 3. | Where a method of designating or changing a beneficiary is determined, such method; |
| 4. | Where a condition on the occurrence and extinguishment of a beneficiary right exists, such condition; |
| 5. | Where a trust administrator is designated, the name and address of a trust administrator (in the case of a corporation, referring to the name and location of an office); |
| 6. | In cases of a trust for a specific purpose without any beneficiary, the purport; |
| 14. | Management, disposal, operation and development of trust property and methods necessary for achieving the purpose of a trust; |
| 15. | Grounds for terminating a trust; |
| 16. | Other provisions concerning trust. |
| (2) | If any registration concerning paragraph (1) 5, 6, 10 and 11 is made, a registrar may elect not to record the name and address of beneficiaries. |
| (3) | The trust ledger under paragraph (1) shall be deemed part of a registration record. |
[This Article Wholly Amended on May 28, 2013]
| Article 82 (Methods of Applying for Trust Registration) |
| (1) | An application to register a trust shall be filed simultaneously with an application to register the creation, preservation, transfer or change of a right to the relevant real estate. |
| (2) | A beneficiary or truster may apply for the registration of a trust in subrogation of a trustee. In such cases, paragraph (1) shall not apply. |
| (3) | Article 28 (2) shall apply mutatis mutandis to an application for registration in subrogation under paragraph (2). |
[This Article Wholly Amended on May 28, 2013]
| Article 82-2 (Application for Registration of Trust Following Merger, Division, etc. of Trusts) |
| (1) | Where a right to real estate held in a piece of trust property devolves on the trust property of another trust due to the merger or division of a trust, an application for the registration of cancellation of registration of trust and for the registration of new trust shall be filed simultaneously with an application for the registration of change of a right due to the merger or division of trusts. |
| (2) | Where a trustee who undertakes several trusts pursuant to Article 34 (1) 3 of the Trust Act and to paragraph (2) of the same Article vests authority on real estate held in a piece of trust property in the trust property of another trust, paragraph (1) shall apply mutatis mutandis to the method of applying for the registration of trust. |
[This Article Newly Inserted on May 28, 2013]
| Article 83 (Registration Due to Completion of Duties of Trustees) |
Where the duties of a trustee are completed, because any of the following is applicable, a new trustee may unilaterally apply for the registration of transfer of a right to real estate held in trust property: <Amended on Mar. 18, 2014>
| 1. | Where the duties of a trustee are completed because any of the subparagraphs of Article 12 (1) is applicable; |
[This Article Wholly Amended on May 28, 2013]
| Article 84 (Where Several Trustees Exist) |
| (1) | Where several trustees exist, a registrar shall record the purport that trust property is owned in partnership. |
| (2) | Where the duties of a trustee among the several trustees are completed due to a reason under any of the subparagraphs of Article 83, another trustee may unilaterally apply for the registration of change of a right. In such cases, if the number of another trustee is more than one, all of them shall jointly file an application. |
[This Article Wholly Amended on May 28, 2013]
| Article 84-2 (Special Exceptions to Application for Registration of Trust Property) |
In any of the following circumstances, a trustee may unilaterally apply for the registration of change of a right to real estate held in the relevant trust property:
| (a) | Vesting authority on real estate held in trust property by a trustee in personal property; |
| (b) | Vesting authority on real estate held in personal property by a trustee in trust property; |
| (c) | Vesting authority on real estate held in a piece of trust property by a trustee who undertakes several trusts in the trust property of another trust; |
[This Article Newly Inserted on May 28, 2013]
| Article 85 (Registration of Change of Trust by Entrustment) |
| (1) | Where a court holds any of the following trials, it shall, without delay, entrust a registry with the registration of change of records in the trust ledger: |
| 1. | A trial dismissing a trustee; |
| 2. | A trial appointing or dismissing a trust administrator; |
| 3. | A trial changing a trust. |
| (2) | In any of the following cases, the Minister of Justice shall, without delay, entrust a registry with the registration of change of records in the trust ledger: <Amended on Mar. 18, 2014> |
| 1. | Where it dismisses a trustee ex officio: |
| 2. | Where it appoints or dismisses a trust administrator ex officio: |
| 3. | Where it issues an order to change the contents of a trust. |
| (3) | Where a registrar registers change of record in the trust ledger concerning the dismissal of a trustee by entrustment of a court or competent administrative agency pursuant to paragraph (1) 1 or paragraph (2) 1, it shall add the purport of dismissal of the trustee to the registration record ex officio. |
[This Article Wholly Amended on May 28, 2013]
| Article 85-2 (Registration of Change of Trust Ex Officio) |
Where a registrar makes any of the following registrations of a right to real estate held in trust property ex officio, he or she shall register the change of records in the trust ledger concerning such real estate:
| 1. | Registration of transfer due to the change of a trustee; |
| 2. | Registration of change due to the completion of duties of one of several trustees; |
| 3. | Registration of change or registration of correction concerning the name and address of a registered titleholder who is a trustee (referring to the name and location of an office in cases of a corporation). |
[This Article Newly Inserted on May 28, 2013]
| Article 86 (Application for Registration of Change of Trust) |
Except in cases corresponding to Articles 85 and 85-2, a trustee shall, without delay, apply for the registration of change of records in the trust ledger if matters under the subparagraphs of Article 81 (1) are changed. <Amended on May 28, 2013>
| Article 87 (Cancellation of Registration of Trust) |
| (1) | Where a right held in trust property is no longer held in the trust property because such right is transferred, changed or has ceased, an application for cancellation shall be filed simultaneously with an application for registration of transfer, change or cancellation of a right held in a trust. |
| (2) | Paragraph (1) shall apply mutatis mutandis where a right held in trust property is transferred or has ceased due to the termination of a trust. |
| (3) | Registration of cancellation of the registration of a trust may be applied unilaterally by a trustee. |
| (4) | Article 82 (2) and (3) shall apply mutatis mutandis to an application for registration of cancellation of the registration of a trust. |
[This Article Wholly Amended on May 28, 2013]
| Article 87-2 (Special Exceptions to Security Trusts) |
| (1) | In cases of a trust in which a mortgage, created by a truster on real estate owned by himself/herself or a third party and with a trustee, other than a creditor, as the mortgagee, is trust property and the creditor is designated as a beneficiary, a registrar shall record registered matters under Article 75 by classifying them by each claim if the number of secured claims secured by mortgage are many and each secured claim has registered matter under Article 75 different from each other. |
| (2) | Where a secured claim secured by a mortgage held in trust property of a trust under paragraph (1) is transferred, the trustee shall apply for the registration of change of records in the trust ledger. |
| (3) | Article 79 shall not apply where the transfer of a mortgage held in the trust property of a trust under paragraph (1) is registered. |
[This Article Newly Inserted on May 28, 2013]
| Article 87-3 (Registration of Trust for Which Trust Property Administrator Is Appointed) |
[This Article Newly Inserted on May 28, 2013]
Sub-Section 6 Provisional Registration
| Article 88 (Objects of Provisional Registration) |
Provisional registration shall be made if a right of claim for the creation, transfer, change or extinguishment of a right corresponding to any of the subparagraphs of Article 3 is to be preserved. The same shall also apply where such right of claim is effective when the time comes, is under condition precedent, or is to be determined in the future.
| Article 89 (Methods of Applying for Provisional Registration) |
Notwithstanding Article 23 (1), a person entitled to make a provisional registration may unilaterally apply for a provisional registration if a person obliged to make a provisional registration gives consent or a court ordering a provisional registration issues an order of provisional disposition.
| Article 90 (Orders of Provisional Disposition Ordering Provisional Registration) |
| (1) | Where a district court having jurisdiction over the location of real estate deems that grounds for provisional registration are vindicated at the request of a person entitled to make a provisional registration, the district court may issue an order of disposition ordering provisional registration under Article 89. |
| (2) | An immediate complaint may be lodged against a decision rejecting a request under paragraph (1). |
| Article 91 (Priority Order for Principal Registration According to Provisional Registration) |
Where a principal registration is made according to a provisional registration, the priority order for a principal registration shall accord with the priority order for a provisional registration.
| Article 92 (Cancellation of Registration Made after Provisional Registration Ex Officio That Infringes upon Rights Preserved by Provisional Registration) |
| (1) | Where a registrar makes a principal registration according to a provisional registration, he or she shall, ex officio, cancel registration, which is made after a provisional registration is made and infringes upon rights preserved by a provisional registration, as prescribed by the Supreme Court Regulations. |
| (2) | If a registrar cancels a registration made after a provisional registration is made pursuant to paragraph (1), he or she shall, without delay, notify a registered titleholder of the cancelled right of the fact. |
| Article 93 (Cancellation of Provisional Registration) |
| (1) | Notwithstanding Article 23 (1), a titleholder of a provisional registration may unilaterally apply for the cancellation of a provisional registration. |
| (2) | Notwithstanding Article 23 (1), a person obliged to make a provisional registration or a person with an interest in a provisional registration may unilaterally apply for the cancellation of a provisional registration with consent from a titleholder of a provisional registration. |
Sub-Section 7 Registration concerning Provisional Disposition
| Article 94 (Cancellation of Registration Made after Registration of Provisional Disposition Is Made) |
| (1) | Where an obligee of provisional disposition applies for the registration of transfer, cancellation or creation of a right with an obligor of a provisional registration as a person obliged to make a registration after provisional disposition prohibiting disposal is registered in order to preserve a right of claim for the transfer, cancellation or creation of a right pursuant to Article 305 (3) of the Civil Execution Act, he or she may unilaterally apply for the cancellation of a registration, which is made after the provisional registration is made and infringes upon the right of an obligee of provisional disposition, as prescribed by the Supreme Court Regulations. |
| (2) | Where a registrar cancels a registration made after a provisional registration is made according to an application under paragraph (1), he or she shall also cancel registration of the provisional disposition. The same shall also apply where there is no registration after the provisional disposition registration, and only the transfer, cancellation or registration of the right to make the provisional disposition debtor the registration obligation. <Amended on Feb. 4, 2020> |
| (3) | Where a registrar cancels a registration made after a provisional registration is made according to an application under paragraph (1), he or she shall, without delay, notify a registered titleholder of the cancelled right of such fact. |
[Title Amended on Feb. 2020]
| Article 95 (Registration of Creation of Right Other Than Ownership Appurtenant to Provisional Disposition) |
Where a registrar registers the creation of a right other than ownership in the name of a creditor of provisional disposition pursuant to Article 94 (1), he or she shall record the purport that the registration is based on provisional disposition.
Sub-Section 8 Registration Entrusted by Public Offices
| Article 96 (Registration to Be Entrusted by Public Offices in Place of Registered Titleholders) |
Where a public office entrusts registration of seizure due to disposition on default, it may also entrust the registration of change or correction of indication of real estate or a registered titleholder and the registration of transfer of a right due to general succession in place of a registered titleholder, heir or general successor.
| Article 97 (Entrustment of Registration Due to Disposition of Public Sale) |
Where a public office receives a request from a person entitled to make a registration when it issues disposition of public sale, it shall, without delay, entrust a registry with the following registration: <Amended on Feb. 4, 2020>
| 1. | Registration of transfer of a right due to disposition of public sale; |
| 2. | Cancellation of registration of a right extinguished due to disposition of public sale; |
| 3. | Cancellation of registration of seizure or registration of announcement of public sale concerning disposition on default. |
| Article 98 (Registration According to Entrustment by Public Offices) |
| (1) | Where the State or a local government is an entity entitled to make a registration, the State or the local government shall, without delay, entrust a registry with registration with consent from a person obliged to make a registration. |
| (2) | Where the State or a local government is an entity liable to make a registration, the State or the local government shall, without delay, entrust a registry with registration at the request of a person entitled to make a registration. |
| Article 99 (Registration Due to Expropriation) |
| (1) | Notwithstanding Article 23 (1), registration of transfer of ownership due to expropriation may be unilaterally applied by a person entitled to make a registration. |
| (2) | Where a person entitled to make a registration applies for registration under paragraph (1), he or she may apply for the registration of change or correction of indication of real estate or a registered titleholder and the registration of transfer of a right due to inheritance or general succession in place of the registered titleholder, heir or general successor. |
| (3) | Where the State or a local government is an entity entitled to make a registration under paragraph (1), the State or the local government shall, without delay, entrust a registry with the registration under paragraphs (1) and (2). |
| (4) | Where a registrar registers the transfer of ownership due to expropriation pursuant to paragraphs (1) and (3), he or she shall cancel registration concerning ownership, a right other than ownership or restrictions on disposal, if any, in the registration records of the real estate: Provided, That this shall not apply to the registration of easement existing for such real estate or the registration of a right, the continuance of which is officially accepted by the ruling of a land tribunal. |
| (5) | Paragraphs (1) through (4) shall apply mutatis mutandis to the registration of transfer of a right due to the expropriation of a right other than ownership of real estate. |
| Article 100 (Raising Objections and Jurisdiction Thereof) |
Any person who has an objection against a decision or disposition made by a registrar may raise an objection to a competent district court.
| Article 101 (Procedures for Raising Objections) |
Objections shall be raised by submitting an application for objection to a registry, as prescribed by the Supreme Court Regulations.
| Article 102 (Prohibition against Raising Objections Based on New Facts) |
No objection shall be raised based on new facts or new methods of evidence.
| Article 103 (Measures to Be Taken by Registrars) |
| (1) | Where a registrar deems that a raised objection is reasonable, he or she shall issue appropriate disposition. |
| (2) | Where a registrar deems that a raised objection is not reasonable, he or she shall return an application for objection to the competent district court with his or her opinion attached thereto within three days from the date such objection is raised. |
| (3) | Where an objection is raised after a registration is completed, a registrar shall return an objection to the competent district court with his or her opinion attached thereto within three days and notify parties having interest in the registration of the fact that an objection is raised. |
| Article 104 (Non-Suspension of Execution) |
No objection shall have the effect of suspending execution.
| Article 105 (Decisions on Objections and Appeals) |
| (1) | A competent district court shall decide on an objection with reasons attached thereto. In such cases, if it deems that such objection is reasonable, it shall order a registrar to issue appropriate disposition and notify an applicant for objection and parties with interest in the registration of such purport. |
| Article 106 (Orders of Provisional Registration or Supplementary Registration before Disposition) |
A competent district court may order a registrar to make a provisional registration or supplementary registration with a purport that an objection is raised before it makes a decision on the raised appeal.
| Article 107 (Registration According to Orders of Competent Courts) |
Where a registrar makes a registration according to an order of the competent district court, he or she shall record the district court issuing an order, date of order, and purport that a registration is made according to an order and the date of registration. <Amended on Feb. 4, 2020>
| Article 108 (Serving Documents) |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 109 (Requests for Provision of Computerized Information Data Necessary to Perform Registration Affairs) |
The Minister of the National Court Administration may request the head of a public institution provided for in subparagraph 2 of Article 2 of the Electronic Government Act or subparagraph 3 of Article 2 of the same Act (hereinafter referred to as "administrative agency, etc.") to provide computerized information and data necessary for performing registration affairs. [This Article Wholly Amended on Feb. 4, 2020]
| Article 109-2 (Provision of registration Information Data) |
| (1) | The head of an administrative agency, etc., may request the provision of registration information data after examination by the head of the relevant central administrative agency and approval from the Minister of the National Court Administration, if necessary for the processing of the affairs under the jurisdiction: Provided, That the head of a central administrative agency may consult with the Minister of the National Court Administration to request the provision of registration information data when the consultation is established. |
| (2) | Anyone who is not the head of an administrative agency, etc., may pay a fee and receive registration information data as prescribed by the Supreme Court Rules: Provided, That registration information data prepared for each registered name or containing other matters by which the registered name can be identified may only be provided by the corresponding registered name or its comprehensive successor, unless there are special provisions in other statutes. |
| (3) | Procedures for providing registration information data under paragraphs (1) and (2), the amount of fees under paragraph (2) and the scope of such exemptions shall be prescribed by the Supreme Court Rules. |
[This Article Newly Inserted on Feb. 4, 2020]
| Article 110 (Securing Safety of Information on Completion of Registration) |
| (1) | A registrar shall take measures necessary and appropriate for the prevention of leakage and loss of, or damage to information on completion of registration that he or she handles and the safe management of information on completion of registration. |
| (2) | Registrars and persons who are or have engaged in the duties of registering real estate at registries shall not divulge confidential information concerning the preparation and management of information on completion of a registration that they have become aware of in the course of performing their duties. |
| (3) | No person shall obtain information on completion of a registration for a purpose of providing it for application for a registration or entrustment of a registration in order to make an improper registration, or provide information on completion of a registration while being aware of such circumstances. |
| Article 111 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won:
| 1. | A person who divulges information concerning the preparation or management of information on completion of a registration, in violation of Article 110 (2); |
| 2. | A person who obtains information on completion of a registration in violation of Article 110 (3) or who provides information on completion of a registration while being aware of such circumstances; |
| 3. | A person who keeps information on completion of a registration obtained fraudulently for a purpose under subparagraph 2. |
| Article 112 Deleted. <Oct. 13, 2017> |
| Article 113 (Delegation to the Supreme Court Regulations) |
Matters necessary for the enforcement of this Act shall be prescribed by the Supreme Court Regulations.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 7 of Article 3, Article 76 (2), and Article 4 (17) of Addenda shall enter into force on June 11, 2012. Article 2 (Transitional Measures concerning Certificates of Completion of Registration)
If a person, who has been issued a certificate of completion of a registration pursuant to the former Article 67 (1) or has been notified of completion of a registration pursuant to the former Article 68 (1) after having the acquisition of a right registered, applies for registration pursuant to the amended provisions of Article 24 (1) 1, he/she may attach a certificate of completion of a registration under the former Article 67 (1) or a notice of completion of a registration under the former Article 68 (1) to the application instead of providing information on completion of a registration under the amended provisions of Article 50 (2). Article 3 (Transitional Measures concerning Registration of Advance Notices)
The former provisions shall apply to procedures for cancelling registration of an advance notice already made as at the time this Act enters into force.
Article 4 Omitted.
Article 5 (Relationship with Other Statutes)
| (1) | Where a certified copy or abstract of register is cited by other Acts and subordinate statutes as at the time this Act enters into force, a certificate of registered matters shall be deemed cited; where a certificate of completion of a registration is cited, a notice of completion of a registration or a notice of information on completion of a registration shall be deemed cited in addition to a certificate of completion of a registration. |
| (2) | Where provisions of the former Registration of Real Estate Act have been cited by other Acts or subordinate statutes as at the time this Act enters into force, relevant provisions of this Act shall be deemed cited in place of the former provisions if provisions corresponding thereto exist herein. |
ADDENDA <Act No. 10924, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11826, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability)
This Act shall begin to apply to a registration case received after this Act enters into force.
Article 3 (Transitional Measures)
| (1) | Registration of a trust completed pursuant to the former provisions as at the time this Act enters into force shall be deemed completed pursuant to this Act. |
| (2) | Registers of trusts drawn up pursuant to the former provisions as at the time this Act enters into force shall be used as they are after this Act enters into force. |
ADDENDA <Act No. 12420, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12421, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDA <Act No. 13435, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13953, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 14901, Oct. 13, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Administrative Fines)
The application of administrative fines imposed on acts committed before this Act enters into force, shall be governed by the previous provisions.
ADDENDA <Act No. 16912, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Registration Matters on Leasehold Interests)
The amended provision of Article 74 shall begin to apply to registration of leaseholds interests, etc. received after this Act enters into force. Article 3 (Applicability to Registration by Order of Court)
The amended provisions of Article 107 shall begin to apply to registration received after this Act enters into force. Article 4 Omitted.