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Chapter 8 Procedures relating to requested or compulsory auctions, qualifications of bidders of the compulsory auctions, and guidelines for terms for using the factories and relevant buildings concerned
Article 25
If the building owners of private factories and relevant buildings in the parks fail to submit the correction plans or fail to complete the consultation with the Park Bureaus within the time limits as specified in Paragraph 4 of Article 20 of the Act, or have any of the circumstance under Subparagraph 4 of Paragraph 2 of Article 19 of the Act, the Park Bureau may make written disposition of compulsory auction.
The written disposition of compulsory auction under the preceding paragraph shall state the following matters:
1. Building owners.
2. Descriptions of buildings and descriptions of the base lands of the factories and relevant buildings.
3. Causes of compulsory auction of factories and relevant buildings.
4. Reasonable prices of factories and relevant buildings as determined by appraisal of market prices.
5. Expenses paid by the Park Bureaus for the appraisal of market prices.
6. The methods, periods and entertaining authorities of the reliefs and other relevant matters if the dispositions are disagreed.
If building owners fall in any of circumstances under Subparagraph 4 of Paragraph 2 of Article 19 of the Act, the Park Bureaus shall first order the building owner to transfer their factories and relevant buildings to the park enterprises or research institutes in the parks that have been approved for establishment within six months; and then may make the disposition under Paragraph 1 only if the transfers are not completed within the specified time limit.
Article 26
In requesting branch offices of the Administrative Enforcement Agency of the Ministry of Justice (hereinafter referred to as “Branch Offices”) to conduct the compulsory auction, the Park Bureaus shall attach the following documents:
1. Requesting documents.
2. Written disposition of compulsory auction and certificate of service.
3. Updated transcripts of building and land registration, or building licenses.
4. Other relevant documents.
The requesting document shall state names and domiciles/residences of the building owners; if the building owners are juristic persons or other groups that have administrators or representatives, their names, offices or business places, and names and domiciles/residences of their administrators or representatives shall also be stated.
Article 27
The bidders of the compulsory auctions of factories and relevant buildings shall, at the time of bidding, have the qualifications as the park enterprises or research institutes in the parks that have been approved for establishment.
Article 28
The winners of compulsory auctions who have acquired ownerships to the factories and relevant buildings shall use the factories and relevant buildings in accordance with relevant laws and regulations of the Science Parks, and shall enter into the land lease agreements with the Park Bureau.
Article 29
The compulsory auctions of private factories and relevant buildings shall take the reasonable prices determined by appraisal of market prices as the minimum amount of the auctions.
Article 30
The public announcements of compulsory auctions of factories and relevant buildings shall state the qualifications of the bidders under Article 27 and matters to be followed by the winners after the buildings are acquired under Article 28.
After the factories and relevant buildings are auctioned off, the Branch Offices shall, pursuant to Paragraph 9 of Article 20 of the Act, notify the land registration agency to cancel or remove the registrations of notations, the registrations of other rights, and the registration of limitation, and shall remove the leasehold, and then check and deliver the buildings to the winners of the auctions.
The movable properties in the auctioned factories and relevant buildings shall be taken out and checked and delivered to the building owners or their agents, family members or employees.
If none of the persons under the preceding paragraph accept the check and delivery, the Branch Offices may temporarily put the movable properties in custody and notify the building owners and the third persons to take delivery of such properties within a time limit. If the building owners fail to take delivery of such properties within the specified time limit, the Branch Offices may put such properties into auction and lodge the proceeds from the auction, or take other appropriate measures.
Article 31
If all the bids for factories and relevant buildings concerned to compulsory auction are deemed invalid, the highest bid from the bidders is lower than the reasonable price set on the basis of the appraised market price, or any other auction requirements are not met, the factories and relevant buildings shall not be auctioned off, the Branch Offices shall suspend the enforcement and shall send the enforcement case together with the archive to the Park Bureaus.
Article 32
Before requesting the Branch Offices for further auctions, the Park Bureaus shall further determine the reasonable prices of the factories and relevant buildings, and shall otherwise make the written disposition of compulsory auction.
The prices further determined by the Park Bureaus under the preceding paragraph are not subject to the prohibition on execution without merits under Paragraph 1 of Article 80-1 of the Compulsory Enforcement Act and the prohibition on attachment without merits under Article 113 of the same Act as applied mutatis mutandis by Paragraphs 1 and 2 of Article 50-1.