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Chapter Law Content

Chapter VI: Registration of Change of Ownership
Article 93
After the general registration of land, any change in land rights such as: transfer, partition, consolidation, augmentation, diminution, or extinction, shall be duly registered.
Article 94
Unless otherwise stipulated by the laws, the registration of transfer, creation, or restriction of the jointly owned part of strata titled improvement shall be done along with the concerned exclusively owned part and its base rights.
Article 95
When some co-owners dispose of, make change and create superficies, agricultural right, permanent lease, real estate easement or Dian, and apply for registration, the names of all the co-owners shall be listed in application forms and written contracts, and the wording: “This application case is undertaken according to the provisions of Paragraphs 1 to 3 of Article 34-1 of the Land Act”, shall be stated in the column for notes of application forms. Documents of evidence, concerning notice in written form or announcement, other co-owners’ entitlement to repayments or compensation having been received by other co-owners or having been deposited to the local court, shall be submitted.
Other co-owners need not affix their signatures or seals on written contracts and application forms for the application for registration referred to in the preceding paragraph.
Article 96
In the case that multiple parties jointly own the same single exclusively owned part of strata titled improvement and some of the said parties wish to dispose, change, or create obligation on the exclusively owned part and the proportionate shares of the associated improvement right by exercising Article 34-1 of the Land Act, the joint owner of the improvement shall signify all of the joint owners of such exclusively owned part, and the proportionate shares of the right of the improvement shall signify the proportionate shares of the exclusively owned part jointly owned by all joint owners.
Article 97
Pursuant to Paragraphs 3 and 5, Article 8-5 of the Enforcement Act of the Part of Rights in Rem of the Civil Code, Paragraph 4, Article 34-1 of the Land Act, Subparagraphs 2 and 3, Article 5 of the Farm Land Readjustment Act, or Article 32 of the Cultural Heritage Preservation Act, the first refusal right holder that has waived the first refusal right shall provide an affidavit from the seller or provide a statement on the corresponding column on the registration application form to confirm the waiver of the first refusal right and the acceptance of legal responsibility for any untrue statement when applying for the registration of transfer of the right of land.
Pursuant to Articles 426-2 and 919 of the Civil Code, Articles 104 and 107 of the Land Act, Article 15 of the 37.5% Arable Rent Reduction Act, or Subparagraph 1, Article 5 of the Farm Land Readjustment Act, in the case that the first refusal right holder waives, or is deemed as having waived the first refusal right, the applicant shall provide a proof that the first refusal right holder has waived the first refusal right, or a proof that the first refusal right holder makes no use of the first refusal right within the time limit after the notice of sale has been delivered, and the seller shall accept legal responsibilities for any untrue statement.
Prior to the completion of any registration mentioned hereto above, if the first refusal right holder raises an objection in writing and is able to prove the holder’s willingness to exercise the first refusal right by matching the same terms and conditions or to prove that the seller is engaging in a sale without observing the terms and conditions as stated in the notice or public announcement, then the registration agency shall reject the application of registration abovementioned.
Article 98
Pursuant to Paragraph 4, Article 34-1 of the Land Act, transferring the exclusively owned part along with the proportionate share of the right of the improvement at the same time does not apply.
Article 99
When the municipal or county (city) land office acquires land rights due to compulsory purchase or purchase of land at declared value, it shall request the registration agency, by submitting land rolls and received certificates of rights, to register the ownership, or the deletion of other rights, or the registration of changes, within one month after the completion of compensation.
Article 100
A number of co-owners may submit a judicial decision and other required documents to apply themselves, on behalf of all co-owners, for registration of partition of a co-owned object based on judicial decision. The registration agency shall, after the completion of the registration, notify other co-owners. The certificates of ownership of other co-owners shall be issued after the payment of registration tariffs.
Article 100-1
Pursuant to Paragraph 3, Article 824 of the Civil Code, the applicant for the registration of partition of jointly owned property, of which joint owner(s) is (are) entitled to monetary compensation, shall offer monetary compensation for the acquired land from the partition and is responsible for the application of the registration of mortgage right on behalf of the compensation receiving party(s), unless the applicant presents the proof that the said compensation to which the joint owner(s) is (are) entitled has been received or deposited for withdrawal.
The order of mortgage right mentioned above shall supersede the mortgage right mentioned in the Proviso provided in Paragraph 1, Article 107. Upon the completion of the said registration, the registration agency shall notify the mortgage right holders of order and the compensation obligor regarding the result of the said registration.
Article 101
(Deleted)
Article 102
If the transferred value of land shall be reported for the transfer or for setting encumbrance according to law, when the obligor for registration died after the said report and before the completion of registration, the obligee may state the reason, furnish the documents set forth in Article 34, and solely apply for the registration.
If the obligee is dead, his/her inheritors may inherit as obligee, and apply jointly with the obligor for registration by stating the reason and submitting written contracts and other documents.
The provisions of the two preceding paragraphs, mutatis mutandis, apply to cases of transfer of, setting encumbrance over, or change of contents of, land right without the need to report transferred value of land according to law, along with a written contract or a public register that has been drawn up, or if a deed tax or gift tax has been declared.
Article 103
A bankruptcy administrator shall submit, when applying for registration of changes of land rights belonging to the bankruptcy foundation, documents of evidence to certify the qualification of the bankruptcy administrator and inspector, and the consent of the inspector or documents of evidence issued by the court, unless it is undertaken according to the provisions of Article 34.
Article 104
If any legal person or temple acquires ownership or other rights of land before the registration of establishment of the legal person or before the temple is completed, it may submit an agreement and apply for registration under the name of the representatives publicly elected by the originators of any new legal person. The representatives shall indicate their status and the causes for the acquisition.
The registration agency shall, when it undertakes the registration referred to in the preceding paragraph, annotate the name of the founding organization of any new legal person or temple in the other matters column of the ownership section or other rights section of the register.
The agreement referred to in Paragraph 1 shall clearly annotate that if the legal person or temple is not permitted to be established or registered after the completion of registration, its land will be treated according to any one of the following methods:
(1) Applying for registration of change of owners to the registered representative;
(2) Applying for registration of change of owners to all the originators of the new legal person.
If there is a change of representatives before the registration for the establishment of any legal person or temple is completed, all originators of the legal person or temple shall produce a new agreement and apply for the registration of change in name to the lands having been registered according to Paragraph 1.
Article 105
When any co-owned object is sub-divided, the registration of change in land descriptions shall be applied first, and then the application for the registration of partition of ownership follows, unless there is no need to undertake the registration of change in land descriptions.
Article 106
The partition of many plots of co-owned lands is not restricted to those lands within the same section and the same registration agency.
Article 107
In the case of jointly owned land and one or more joint owners wish to create mortgage right on such owner(s)’s share and apply for the registration of partition of the jointly owned property, the mortgage right shall be transferred proportionately among the partitions according to the proportionate share. However, the said mortgage right shall be transferred to the land acquired after the partition by the original right creating party if any of the followings is satisfied:
(1) The mortgage right holder(s) agree(s) with such partition;
(2) The mortgage right holder(s) take(s) part in the proceedings of the partition of the jointly owned property;
(3) The mortgage right holder(s) had been notified regarding the proceeding by the original creating party but do/es not take part in the proceeding.
The application for the registration of partition of jointly owned property shall also apply for the registration of cancellation of the said mortgage right. Upon the completion of the said registration, the registration agency shall notify the mortgage right holder(s) regarding the result of the registration.