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Chapter XI: Registration of Cancellation and Deletion
Article 143
Upon the extinction of the land right registered pursuant to this Regulation due to waiver of right, combination, termination, expiration of existence, debt repayment, exercise of right of cancellation, or court ruling, apply for the registration of cancellation shall be made.
The application of registration for cancellation mentioned above involving holder(s) of other rights against the land right shall require the written consent of such right holder(s) and a concurrent application of registration for cancellation of such other right. If there is no legal beneficiary to such land right, the applicant shall clearly state on the proper column of the registration form that there is no other legal beneficiary, and sign the registration form.
Upon the completion of registration for cancellation for the waiver of private ownership of land, the registration agency shall immediately register the land as state-owned land.
Article 144
Before any third party acquires and registers afresh a land right, having registered according to this Regulation, the registration agency may cancel the land right after reporting to the municipal or county (city) land office for examination and approval if any one of the following conditions applies:
(1) The authority in charge confirms the documents of evidence are forged;
(2) If the error in registration is purely caused by the negligence of the registration agency.
The facts referred to in the preceding paragraph shall be annotated in the column of other matters of the register before the registration of cancellation.
Article 145
Except for the termination of rights, the obligee, the originator of or any person with interests in other rights may solely apply for the registration of cancellation by submitting the documents listed in Paragraph 1 of Article 34.
The documents listed in Subparagraphs 2 and 3, Paragraph 1 of Article 34 may be exempted if any of the following conditions occurs during the aforementioned registration application:
(1) Application for registration of cancellation of permanent lease or real estate easements due to expiration;
(2) Application for registration of cancellation of superficies over works other than the improvements due to expiration;
(3) Application for registration of cancellation of the right of agricultural exploitation six months after it expires;
(4) Application for registration of cancellation of real estate easements due to loss of property that enjoys easements or extinction of rights concerning the use of the property that enjoys easements.
Article 146
The consent of the original applicant, who has the right to claim for the registration of caution, shall be furnished for the cancellation of the registration of caution.
The person with the right to claim 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.
If the rights to registration of caution are the rights to claim in relation to the transfer of land right, the cancellation of the registration of caution requires no observance of the two provisions above when the person who has the right to claim jointly applies for the registration of transfer of the right and provides a statement on the note column on the registration application form to confirm the cancellation of the registration of caution will be dealt with together.
Article 147
The cancellation of the registration of attachment, the registration of provisional attachment, the registration of provisional injunction, or the registration of bankruptcy, or other registrations of prohibition of disposition shall be requested only by the authorities who request the said application or who execute the sale by auction. But after the completion of expropriation, zone expropriation or purchase of land at declared value, the authorities in charge of the compulsory purchase or purchase may request the registration agency to cancel the said registration.
Article 148
The registration of deletion shall be applied when the land is destroyed. Registration of cancellation of real estate easements over the property encumbered with easements shall be simultaneously undertaken in the case of land that enjoys easements.
If the land referred to in the preceding paragraph is encumbered with other rights or registration of restrictions has been undertaken, the registration agency shall notify the obligee of other rights, requesting organizations or the persons with the rights to claim due to a registration of caution after the completion of the registration of deletion.