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Chapter Law Content

Chapter X: Registration of Rectification and Restriction
Article 134
(Deleted)
Article 135
(Deleted)
Article 136
The registration of restriction referred to in Subparagraph 8 of Article 78 of the Land Act shall mean the registration which restricts the nominee, whose name is registered, from disposing of his/her land rights.
The registration of restriction referred to in the preceding paragraph includes the registration of caution, the registration of attachment, provisional appropriation, provisional disposition, or bankruptcy, and any other restriction on disposition registered according to the laws.
Article 137
The written consent and the certification of the seal of the nominee whose name is registered shall be submitted, besides the submission of the documents prescribed by each subparagraph of Article 34, upon the application of the registration of caution.
The nominee, whose name is registered, referred to in the preceding paragraph shall personally present himself at the registration agency and follow the procedure prescribed by Article 40, except for when conforming to the conditions provided by Subparagraphs 2, 4-8, 10, 15 and 16 of Article 41.
Article 138
The court or any branch of the Administrative Enforcement Agency shall note clearly the descriptions of the object and matters for registration in the written request, when it requests the registration agency to undertake the registration of attachment, the registration of provisional appropriation, the registration of provisional disposition, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation based on court rulings, after the general registration of land. The registration agency shall undertake the registration immediately after receiving the request of the court or the branch of the Administrative Enforcement Agency, without being bound by the sequence of the collection of the application.
If the object of the above registration has been applied for by the nominee whose name is registered for the registration of transfer or setting encumbrance, but the process for registration has not been completed, the registration agency shall transfer the undertaking of the registration of attachment, the registration of provisional appropriation, the registration of provisional disposition, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation, and notify the applicants.
If the object of the above registration has been transferred from the nominee whose name is registered to the third party and the process for registration has been completed, the registration agency shall immediately reply to the court or the branch of the Administrative Enforcement Agency that it is unable to undertake the requested registration. But if the request of the court or the branch of the Administrative Enforcement Agency to undertake the registration of attachment is due to the execution of the right of mortgage by the obligee by the sale of pledge by auction, the registration agency shall still undertake the registration of attachment and notify the third party, and reply to the court or the branch of the Administrative Enforcement Agency that the registration of transfer has been completed, even though the object of the above registration has been transferred to the third party and the registration has been completed.
The provisions of the three preceding paragraphs shall, mutatis mutandis, apply to the registration of prohibition of disposition requested by other authorities to the registration agency according to the provisions of laws, or to the registration of liquidation applied by managers according to court rulings.
Article 139
When the court or a branch of the Administrative Enforcement Agency requests the registration agency to undertake the registration of attachment, the registration of provisional appropriation, the registration of provisional disposition, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation based on court rulings, on the unregistered improvements which are located on registered lands, the court shall note clearly the wording: “Confirmed descriptions for registration are based on the result of survey appointed by the staff of the court or a branch of the Administrative Enforcement Agency” in the written request.
The improvements referred to in the preceding paragraph shall be jointly surveyed on a fixed date by the staff of the court or a branch of the Administrative Enforcement Agency and the registration agency. The court or the branch of the Administrative Enforcement Agency shall order the obligee to pay the survey fee to the registration agency beforehand.
Soon after the completion of the survey of the improvements, the registration agency shall compile improvement numbers and improvements registers, and enter the registration of attachment, the registration of provisional appropriation, the registration of provisional disposition, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation into the other registered matters column of the descriptions section, besides forwarding the photocopies of the improvements registers and the floor plan and the map of location to the court or a branch of the Administrative Enforcement Agency.
The provisions of the three preceding paragraphs shall, mutatis mutandis, apply to the registration of liquidation applied by managers according to court rulings.
Article 140
If the court or a branch of the Administrative Enforcement Agency asks again for the registration of attachment, the registration of provisional appropriation, or the registration of provisional disposition on the same land on which has been undertaken the registration of attachment, the registration of provisional appropriation, or the registration of provisional disposition, the registration agency shall not accept the case and shall reply to the court or the branch of the Administrative Enforcement Agency with the date and case number of the completed registration.
Article 141
If the land on which the registration of attachment, the registration of provisional appropriation, the registration of provisional disposition, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation based on court rulings has been undertaken due to the request of the court or the Administrative Enforcement Agency, and the said registration has not been cancelled, the registration agency shall stop undertaking any new registration related to the rights concerned, except where any one of the following conditions applies:
(1) Expropriation, zone expropriation or purchase of land at declared value.
(2) If the obligee, who applies for the registration of transfer, setting encumbrance, or cancellation according to the judicial decision, is the obligee of the original registration of provisional disposition.
(3) Inheritance of real estate owned in common.
(4) Any other registration that does not obstruct the registration of prohibition of disposition.
Documents of evidence of no other obligee co-undertaking the attachment issued by the Civil Execution Department of the court or a branch of the Administrative Enforcement Agency after examination, or proven by the file of sale by auction, shall be furnished if the conditions referred to in Subparagraph 2 of the preceding paragraph apply.
Article 142
The registration agency shall register the matters and then notify the related authorities if any one of the following conditions applies:
(1) If after the land is requested by the court or a branch of the Administrative Enforcement Agency for the registration of attachment, the registration of provisional appropriation, the registration of provisional disposition, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation based on court rulings, and any other authority asks again for the registration of prohibition of disposition according to laws;
(2) If after the land is requested by any other authority for the registration of prohibition of transfer according to laws, and the court or a branch of the Administrative Enforcement Agency asks again for the registration of attachment, the registration of provisional attachment, the registration of provisional injunction, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation based on court rulings.