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Chapter VII: Registration of Other Rights
Article 108
A location map shall be submitted upon the application for a registration of superficies, real estate easement, Dian or the right of agricultural exploitation, if they are created over specific parts of a land.
A location map of occupancy shall be submitted upon the application for a registration of superficies, real estate easement or the right of agricultural exploitation, if they are created based on a positive prescription.
The applicant shall apply to the registration agency, in advance, for land re-survey, to make the location map referred to in the preceding two paragraphs.
Article 108-1
For application for registration of superficies or the right of agricultural exploitation, the registration agency shall indicate the purpose and scope in the register, and note the following, according to the agreement:
(1) Duration;
(2) Land rent and prepayment status;
(3) Value of rights;
(4) Methods of use;
(5) Limitations on transfer or establishment of mortgage.
Except for Subparagraph (5), the registration matters set forth in the preceding paragraph are required for the registration of real estate easements.
Article 108-2
The owner of the property that enjoys easements, holders of associated superficies, permanent lease, Dian, right of agricultural exploitation and right of cultivation, or the lessee of property that enjoys easements shall apply for registration of real estate easements jointly with the owner of the property encumbered with easements. Documents that prove the lease relationship are required if the applicant is a lessee of the property that enjoys easements.
The duration of real estate easements established due to the use of the property that enjoys easements by enforcing superficies, permanent lease, Dian, the right of agricultural exploitation, the right of cultivation or a lease, as set forth in the preceding paragraph, must not exceed the original term of the right(s) for use of the property that enjoys easements.
When applying for registration of cancellation of right in rem due to the use of property that enjoys easements, as stated in the first paragraph, the applicant shall simultaneously apply for registration of cancellation of real estate easements for the property encumbered with easements.
Article 109
The creation of real estate easements shall be registered in the other rights section of the register for the easement-encumbered property. The lot number, building number and rights concerning the use of the property that enjoys easements shall be indicated in the other registered matters column, while the lot number and building number of the property encumbered with easements shall be noted in the other registered matters column of the descriptions section of the register for the property which enjoys easements.
The registration agency where the easement-encumbered property is situated shall, after the completion of abovementioned registration, notify the competent registration agency to undertake the registration of the creation of easement, if the property which enjoys easement belongs to another registration agency.
Article 109-1
In the event of registration of creation of Dian, the registration agency shall indicate the scope and price in the register, and explicitly note the following matters according to the agreement:
(1) Duration;
(2) Clauses concerning sales without the right of redemption;
(3) Limitations on the transfer or lease of a mortgage.
Article 110
(Deleted)
Article 111
Upon the application for registration of the creation of a mortgage, the written contract and application form shall be affixed with the signature or seal of the debtor if s/he is not the mortgagor.
Article 111-1
In the case of application for registration of regular mortgage right creation, the registration agency shall clearly describe the dollar amount, type and scope of the obligatory right guarantee on the registration form. The registration agency shall also clearly describe the interest, interest rate for deferred interest, default penalty, or any other agreed guarantee scope stated on a deed, if any.
Article 112
The creation of a joint guaranteed mortgage with the rights of several land tracts that are governed by different competent agencies shall require the making of a deed and application for registration separately from the competent agencies, unless otherwise stipulated by Paragraph 3 and 4 of Article 3.
Article 113
After the registration of the creation of mortgage, if one or more lands are added to co-secure the debt, the registration of the change of mortgage contents over the original lands shall be undertaken.
Article 114
After the registration of the creation of co-mortgage over many lands to co-secure the debt, the registration of the change of mortgage contents over the original lands, the registration of partial deletion of mortgage and mortgage contents shall be undertaken if one or some lands’ mortgages are deleted or changed.
Article 114-1
The registration agency shall clearly describe the related information in the case of the application for the registration of creation of mortgage right using the rights of several land tracts as joint guarantee with the amount of obligatory right against each of the lands already being restricted. The same shall apply to the application for the registration of change of right arising from the separately agreed, or change of, the restricted amount of the obligatory right.
The increase of the amount of the obligatory right arising from the change of the right of the lands mentioned above shall require agreement from the other right holders of the next order and the joint pledgers of next order of mortgage right.
Article 114-2
The application for the registration of partition of mortgage right arising from the partition of a guarantee with obligatory right by using the mortgage rights of one or more land tracts as guarantee shall be jointly applied by the mortgagee, the pledger and the obligor.
Article 115
In the case of several mortgage rights having been created against the same single land tract, and the registration for change applied due to one of the mortgage rights having been transferred, the order of rights as registered may not be changed.
In the case that a registration for mortgage right is applied due to increased guaranteed obligatory right, the increased amount shall require separate application of registration for creation, unless the holders of other rights of the next order and the joint mortgage right pledgers of the next order agree with the registration for change of mortgage right.
Article 115-1
The registration agency shall clearly state the scope of guaranteed obligatory right stated on the deed on the registration form for the application of the registration for the creation of the maximum amount of mortgage right.
The registration agency shall clearly state the agreement on the confirmation date of the original obligatory right stated on a deed on the registration form for the abovementioned application of registration. The same shall apply to the application of registration for change of right arising from the separately agreed change or change of agreement after the registration of creation.
The agreement of the confirmation date abovementioned shall not exceed thirty years from the time of the creation of said mortgage right. The application for registration of change of right arising from the change of the said agreement shall not exceed thirty years from the time of such change.
Article 115-2
In the case of the application of registration for changing the maximum amount of mortgage right to regular mortgage right due to the confirmation of the original obligatory right, the pledger, mortgagee, and the obligor shall jointly apply for the registration for the change of right according to the actual amount of obligatory right.
The amount of obligatory right that concerns the above-mentioned application of registration may not exceed the originally registered maximum amount.
Article 116
The application of registration for change of mortgage right against the same collateral due to change of order of mortgage right shall satisfy all of the following conditions:
(1) The increase of mortgage right of higher order as guarantee of obligatory right due to change of order and when there is (are) holder(s) of other rights of middle order, consent is required from the holder(s) of other rights of middle order.
(2) The order of mortgage right rising higher due to change of order, as stipulated by Article 870-1 of the Civil Code concerning the registration of transfer or waiver of order, shall require the consent from the successor of such order, or from the mortgagee that benefits from the waiver of order.
The abovementioned registration shall be jointly applied by the mortgagee, ascertaining that the order has been changed. The applicants shall clearly state in the proper column on the registration form that the obligor, the pledger, and the joint pledgers have been notified and have signed the registration form.
Article 116-1
The application of registration for change of order of regular mortgage right against the same collateral due to transfer of order shall be applied for by the successor of the said order and the order-transferring party. The application of registration for change due to waiver of order may be independently applied for by the order-waiving party.
The abovementioned registration shall require the applicant to present the required documents set forth in Articles 34 and 40 and proof of notice made to the obligor, pledger, and joint pledgers.
Article 117
Upon the application for the registration of mortgage or for the preparatory registration of mortgage according to the provisions of Article 513 of the Civil Code, the contractor shall apply jointly with the employer with the submission of documents prescribed by Articles 34 and 40 and the construction license or other documents indicating construction permits. However, if the agreement of contract has been publicly registered, the contractor may solely apply for registration, and the registration agency shall notify the employer with the result after the completion of registration.
When the contractor applies for a preparatory registration of mortgage over the unfinished improvements, the registration agency shall compile a temporary building number and improvements register, and undertake registration in the other registered matters column of the descriptions section.
Article 117-1
In the case that a deed has provided that the ownership of the collateral shall be transferred to the mortgagee if the due mortgage right is not paid off, the registration agency, this shall be clearly stated accordingly on the registration form. The same shall apply to the application for the registration of change of right arising from the separately agreed to, or change agreement to apply for, the registration of change of right.
A mortgagee applying for the registration for transfer of ownership of the collateral according to the abovementioned agreement shall present the required documents as stipulated by Articles 34 and 40 and the proof of the expiration of the liability of the guaranteed obligatory right, and file the application jointly with the pledger.
The applicant of the abovementioned application of registration shall clearly state the content in the proper column on the registration form according to the requirement provided in Paragraph 2, Article 873-1 of the Civil Code, and sign the registration form.
Article 117-2
A pawnee acting on behalf of the pawnor and applies for the registration for creation of land right or transfer land right to the pawnor according to Paragraph 1, Article 906-1 of the Civil Code shall present the required documents as stipulated by Articles 34 and 40 and the pledge contract, and apply for the registration jointly with the obligor.
A pawnee filing for the application for the abovementioned registration shall clearly state on the proper column that the pawnor has been notified and has signed the registration form, and concurrently has filed the application of registration for mortgage right pertaining to the acquisition of the land from the pawnor.
Upon the completion of the registration mentioned in the above two paragraphs, the registration agency shall notify the pawnor regarding the result of the registration.
Article 118
Upon the application for the registration of superficies due to positive prescription after the general registration of land, the evidence of occupation for enforcement of superficies and occupation evidence issued by neighbors shall be submitted or other documents of evidence sufficient to certify the fact of continuous occupation from the beginning of occupation to the application for registration.
All applications as referred to in the preceding paragraph that are found upon examination and testimony to be correct and proper by the registration agency shall be publicly announced.
The period of the public announcement shall be 30 days and the landowners shall be notified.
When any landowner has objections thereto during the public announcement referred to in the preceding paragraph, the matter shall be dealt with according to the provisions of Paragraph 2 of Article 59 of the Land Act.
The provisions of the four preceding paragraphs shall, mutatis mutandis, apply to the application for registration of real estate easements and the right of agricultural exploitation due to the insistence of positive prescription.