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REGISTRATION OF REAL ESTATE ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/3 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. Sub-Section 2 Registration concerning Ownership
  3. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

The purpose of this Act is to prescribe matters concerning the registration of real estate.

Article 2Definitions

The terms used in this Act shall be defined as follows:

1. The term "register" means a book drawn up from information and data on registration that have been entered into and processed by a computerized information processing system, as prescribed by the Supreme Court Regulations;

2. The term "duplicate materials of register" means materials entered into an auxiliary memory device with the same content as the register;

3. The term "registration record" means information and data on registration concerning a parcel of land or a building;

4. The term "information on completion of registration" means information prepared by a registrar under Article 11 (1) in order to confirm the holder of a right where a new holder of a right is recorded in the register.

Article 3Registrable Rights

Registration shall be made for the indication of real estate and for the preservation, transfer, creation, change of, or restrictions on disposal or extinguishment of any of the following rights:

1. Ownership;

2. Superficies;

3. Easement;

4. Rights to lease on a deposit basis;

5. Mortgage;

6. Pledge of rights;

7. Security rights over claims;

8. Leasehold interest.

Article 4Priority Order of Rights

(1) Except as otherwise prescribed by Acts, the priority order of rights registered on the same real estate shall accord with the order of registration.

(2) The priority order of registration made in the same Gu shall accord with the number of order; and the priority order of registration made in other Gus shall accord with the receipt number.

Article 5Priority Order of Supplementary Registration

The priority order of supplementary registrations shall accord with that of main registration; provided, the priority order among supplementary registrations relating to main registration shall accord with the order of registration.

Article 6Timing for Receipt of Applications for Registration and Timing for Effectuation

(1) An application for registration shall be deemed received as at the time information on the application for registration prescribed by the Supreme Court Regulations is stored in the computerized information processing system.

(2) Where a registrar under Article 11 (1) completes registration, the registration shall take effect as at the time of receipt.

CHAPTER II REGISTRIES AND REGISTRARS

Article 7Competent Registries

(1) A district court, its branch court, or a registry (hereinafter referred to as "registry") having jurisdiction over the location of real estate shall take charge of registration duties.

(2) If real estate spans over the jurisdictions of several registries, the head of a higher court having jurisdiction over the registries shall designate a registry, as prescribed by the Supreme Court Regulations.

Article 7-2Special cases concerning jurisdiction over related cases

(1) Notwithstanding Article 7, where there is an application for registration in which the purpose of registration and ground for registration are the same or in cases prescribed by the Supreme Court Regulations in connection with several parcels of real estate spanning over the jurisdictions of several registries, 1 of the competent registries may take charge of registration duties for the relevant application.

(2) Notwithstanding Article 7, where a registrar under Article 11 (1) is required to make registration upon a request by the party concerned or ex officio and register other real estate in accordance with Article 71 or 78 (4) (including cases applied mutatis mutandis under Article 72) or as prescribed by the Supreme Court Regulations, the registration may be made even when the registry having jurisdiction over the relevant real estate is different.

(3) Necessary matters for the methods of providing information on applications for registration under paragraph (1) and the procedures, methods, etc. for handling registration duties under paragraphs (1) and (2) shall be prescribed by the Supreme Court Regulations.[This Article Added on Sep. 20, 2024]

Article 7-3Special cases concerning jurisdiction over cases of inheritance or bequest

(1) Notwithstanding Article 7, where an application for registration is made by inheritance or bequest, even a registry other than the registry having jurisdiction over real estate may be in charge of registration duties for the relevant application.

(2) Necessary matters regarding the types of applications for registration and the procedures, methods, etc. for handling registration duties under paragraph (1) shall be prescribed by the Supreme Court Regulations.[This Article Added on Sep. 20, 2024]

Article 8Delegation of Jurisdiction

The Chief Justice of the Supreme Court may have a registry delegate duties under its jurisdiction to another registry.

Article 9Change of Jurisdiction

Where the jurisdiction of a parcel of real estate is changed to another registry, the former registry shall take measures to transfer the authority of handling registration records concerning such real estate to another registry by using a computerized information processing system.

Article 10Suspension of registration duties

(1) Where it is impracticable to normally handle registration duties in a registry, the Chief Justice of the Supreme Court may order the suspension of registration duties within a specified period or order a disposition necessary for handling registration duties, as prescribed by the Supreme Court Regulations, in any of the following cases:

1. Where a disaster under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety occurs;

2. Where power failure or information and communications network failure occurs;

3. Where any other ground corresponding to subparagraph 1 or 2 occurs.

(2) The Chief Justice of the Supreme Court may delegate his or her authority to issue orders to suspend registration duties under paragraph (1) to the Minister of the National Court Administration and authority to issue orders to take measures under paragraph (1) to the Minister of the National Court Administration or the chief judges of district courts, as prescribed by the Rules of the Supreme Court.[This Article Wholly Amended on Sep. 20, 2024]

Article 11Handling of Registration Duties

(1) Registration duties shall be handled by a person (hereinafter referred to as "registrar") designated by the chief judge of a district court (referring to the chief judge of a branch of a district court where the duties of a registry is under the responsibility of the chief judge of a branch of a district court; hereinafter the same shall apply) from among court officials of Grade IV, Grade V, Grade VI or Grade VII (including persons who passed an employment examination administered before Dec. 31, 2001 and since have been appointed to a respective post from among court officials of Grade V, Grade VI or Grade VII; hereinafter the same shall apply) serving in the registry.

(2) Registrars shall handle registration duties by recording matters to be registered in the register using a computerized information processing system.

(3) Registrars shall handle registration duties in the order of receipt number.

(4) When a registrar has handled registration duties, he or she shall take measures by which the registrar who has handled such registration duties can be identified.

Article 12Restrictions on Duties Handled by Registrars

(1) Where an applicant for registration is himself or herself, his or her spouse, or a first cousin or closer relative (hereinafter referred to as "spouse, etc."), he or she shall not handle registration duties without the participation of at least two adults having had ownership registered in the relevant registry, but are not the spouse, etc. of such registrar. The same shall apply where spousal relationship, etc. has ceased.

(2) In cases falling under paragraph (1), a registrar shall prepare a report and put name and seal, or signature thereon together with participants.

Article 13Financial Guarantee

The Minister of the National Court Administration may determine and operate matters concerning the financial guarantee of registrars.

CHAPTER III REGISTERS

Article 14Kinds of Registers

(1) Registers shall be classified into land registers and building registers.

(2) Registers shall be kept permanently.

(3) Registers shall be kept and maintained at a place prescribed by the Supreme Court Regulations, and shall not be taken out of such place except for cases of seeking refuge from wars, natural disasters or any situation corresponding thereto.

(4) No documents supplemental to registers shall be taken out of registries except for cases of seeking refuge from wars, natural disasters or any situation corresponding thereto; provided, this shall not apply where applications or other supplemental documents are to be taken out of registries by order or entrustment of a court or are confiscated with a warrant issued by a court judge.

Article 15Realfolium

(1) When a register is compiled, one registration record shall be made for one parcel of land or one building; provided, where a building is divided into several sections, one registration record shall be made for the whole of the building.

(2) A registration record shall consist of title sections in which the indication of real estate is recorded, section A in which ownership is recorded and section B in which matters concerning rights, other than ownership, are recorded.

Article 16Preparation of Duplicate Data of Registers

When a registrar completes registration, he or she shall prepare duplicate data of registration.

Article 17Damage to Registers and Restoration Thereof

(1) Where all or part of a register is damaged or is likely to be damaged, the Chief Judge of the Supreme Court may order necessary disposition, such as restoration of the register, prevention of damage, etc., as prescribed by the Supreme Court Regulations.

(2) The Chief Judge of the Supreme Court may delegate authority concerning the order of disposition under paragraph (1) to the Minister of the National Court Administration or the chief judges of district courts.

Article 18Measures for Prevention of Damage to Supplemental Documents

(1) Where documents supplemental to registers are likely to be damaged or lost, the Chief Justice of the Supreme Court may issue orders to prevent such damage.

(2) Article 17 (2) shall apply mutatis mutandis to the orders of disposition under paragraph (1).

Article 19Perusal of Registered Matters and Certification

(1) Anyone may request a registry to allow him or her to peruse all or part of matters entered in a registration record or to issue a certificate of registered matters, as prescribed by the Supreme Court Regulations, upon paying fees; provided, he or she may request a registry to allow him or her to peruse only the part of documents supplemental to a registration record in which he or she has interest.

(2) Requests for perusal and issuance of a certificate of registered matters under paragraph (1) may be also made at any registry in addition to the relevant registry.

(3) Fees under paragraph (1) and the scope of exemption therefrom shall be prescribed by the Supreme Court Regulations.

Article 20Closure of Registration Records

(1) When a registrar copies the whole of registered matters in a register in a new register, the previous one shall be closed.

(2) The closed register shall be kept permanently.

(3) Article 19 shall apply mutatis mutandis to closed registers.

Article 21Rearrangement of Overlapping Registration Records

(1) Where a registrar finds overlapping registration records of the same parcel of land, he or she shall close one of the overlapping registration records, as prescribed by the Supreme Court Regulations.

(2) A registered titleholder whose registration record is closed pursuant to paragraph (1) or a party interested in such registration may request a registry to reinstate the closed registration record by verifying that the parcel of land belongs to the registered titleholder whose registration record is closed.

CHAPTER IV PROCEDURES FOR REGISTRATION

Section 1 General Provisions

Article 22Principle of Application

(1) Registration shall be made by application of an interested party or on the entrustment of a public office.

(2) Unless otherwise prescribed by any Act to the contrary, provisions concerning registration by application shall apply mutatis mutandis to the procedures for registration on entrustment.

(3) Anyone who intends to file for a registration shall pay fees, as prescribed by the Supreme Court Regulations.

Article 23Applicants for Registration

(1) Unless prescribed otherwise by any Act, registration shall be applied jointly by a person entitled to file for a registration and a person obliged to file for a registration.

(2) Registration of preservation of ownership or registration of cancellation thereof shall be applied unilaterally by a person who is to be a titleholder or by a titleholder.

(3) Registration according to inheritance, merger of corporations and general succession prescribed by the Supreme Court Regulations shall be applied unilaterally by a person entitled to file for a registration.

(4) The prevailing person entitled to file for a registration or a person obliged to file for a registration shall alone apply for registration by a judgment ordering the implementation or acceptance of the registration procedure, and a person entitled to file for a registration or a person obliged to file for a registration shall alone apply for registration by the judgment of dividing the co-owned property. <Amended on Feb. 4>(5) Registration of change or correction of indication of real estate shall be applied unilaterally by a titleholder.

(6) Registration of change or correction of indication of a registered titleholder shall be applied unilaterally by the registered titleholder of the relevant right.

(7) Trust registration of real estate held in trust property shall be applied unilaterally by a trustee. <Added on May 28, 2013>(8) Where a trustee establishes a trust on trust property and puts it under the management of another person pursuant to Article 3 (5) of the Trust Act, the trustee of new trust shall be a registered titleholder for the registration of transfer of the right to real estate held in the relevant trust property and the trustee of original trust shall be a person obliged to file for a registration. In such cases, registration of trust of real estate held in the relevant trust property shall be applied unilaterally by the trustee of new trust pursuant to paragraph (7). <Added on May 28, 2013>

Article 24Methods of Applying for Registration

(1) Registration shall be applied by any of the following methods: <Amended on Feb. 3, 2016; Sep. 20, 2024>1. Filing in person: A method in which an applicant or his or her agent goes to a registry and submits documents stating application information and accompanying information; provided, when such agent is an attorney (including a law firm, a law firm with limited liability, and a judicial association; hereinafter the same shall apply) or a certified judicial scrivener (including a corporation of certified judicial scriveners and a corporation of certified judicial scriveners with limited liability; hereinafter the same shall apply), he or she may require a clerk prescribed by the Supreme Court Regulations to appear at a registry and submit such documents;

2. Electronic filing: A method of transmitting application information and information on attachments by using an electronic data processing system (including cases where it is used through an application used in a mobile communications terminal device). Matters regarding the type of registration for which electronic application is possible and the method of electronic application shall be prescribed by the Supreme Court Regulations.

(2) Information on application and accompanying information to be provided by an applicant shall be prescribed by the Supreme Court Regulations.

Article 25Methods of Providing Information on Application

An application for registration shall be made by providing application information on a parcel of real estate for each application; provided, where the purpose of registration and ground for registration are the same or in cases prescribed by the Supreme Court Regulations, application information on several parcels of real estate may be provided en bloc. <Amended on Sep. 20, 2024>

Article 26Applications for Registration by Associations Other Than Corporations

(1) As for the registration of real estate belonging to a clan, family, or association or foundation with a representative or manager, other than a corporation, such association or foundation shall be an entity entitled to file for a registration or an entity obliged to file for a registration.

(2) Registration under paragraph (1) shall be applied in the name of the association or foundation by its representative or manager.

Article 27Applications for Registration by General Successors

Where a person entitled to file for a registration or a person obliged to file for a registration comes into an inheritance or succeeds to a universal title after grounds for registration arise, the inheritor or general successor may apply for registration.

Article 28Applications for Registration by Right of Subrogation of Creditors

(1) A creditor may apply for registration by subrogation of a debtor pursuant to Article 404 of the Civil Act.

(2) When a registrar files for a registration on an application by subrogation under paragraph (1) or other Acts and subordinate statutes, he or she shall record the name or title, address or location of an office of the subrogating party, and grounds for subrogation.

Article 29Rejection of Applications

A registrar shall reject an application for registration by a decision stating the grounds therefor only in any of the following cases; provided, this shall not apply where an applicant corrects errors by the day following the date on which the registrar orders the applicant to correct errors, if such errors in the application can be corrected: <Amended on Sep. 20, 2024>1. Where the case does not fall under the jurisdiction of such registry;

2. Where the case is not a matter to be registered;

3. Where registration is applied by a person who is not entitled to apply for registration;

4. Where an interested party or his or her agent is not present when registration is applied in accordance with Article 24 (1) 1;

5. Where the provision of information on application does not conform to a method prescribed by the Supreme Court Regulations;

6. Where the indication of real estate or a right which is the object of registration stated in the application information is not in conformity with the registration record;

7. Where the indication of a person obliged to file for a registration stated in the application information is not in conformity with the registration record; provided, any of the following cases shall be excluded therefrom:(a) Where a general successor applies for an application for registration in accordance with Article 27;(b) Where it is possible to verify that a person obliged to file for a registration stated in the application information and the registration record is the same person, as prescribed by the Supreme Court Regulations;

8. Where application information is not in conformity with information proving grounds for registration;

9. Where no accompanying information necessary for registration is provided;

10. Where acquisition tax (where it is paid in installments in accordance with Article 20-2 of the Local Tax Act, referring to an amount to be paid in installments before filing for a registration), registration license tax (applicable only to registration license tax on registration) or fees are not paid, or a duty imposed on the applicant in accordance with other statutes in connection with the application for registration is not performed;

11. Where the indication of real estate entered in the application information or registration record is not in conformity with that on the land cadastre, forest land cadastre or building ledger.

Article 30Notification of Completion of Registration

When a registrar completes registration, he or she shall notify an applicant, etc. of such fact.

Article 31Change of Administrative Districts

Where administrative districts or names thereof are changed, administrative districts or names thereof entered in the registration record shall be deemed changed.

Article 32Correction of Registration

(1) Where a registrar discovers an error or omission in the registration after he or she completes registration, he or she shall, without delay, notify a person entitled to file for a registration and a person obliged to file for a registration of such fact; where there in no one entitled to file for a registration or no one liable to file for a registration, he or she shall notify a registered titleholder of such fact; provided, where there are at least two persons entitled to file for a registration, persons liable to file for a registration or registered titleholders, respectively, he or she shall be allowed to notify one of them of such fact.

(2) Where a registrar discovers that an error or omission in the registration is due to his or her mistake, he or she shall, without delay, correct it ex officio; provided, where a third party having interest in the registration exists, the third party’s consent shall be obtained.

(3) Where a registrar corrects registration pursuant to paragraph (2), he or she shall notify such fact to a person entitled to file for a registration, person obliged to file for a registration or a registered titleholder. In such cases, proviso to paragraph (1) shall apply mutatis mutandis.

(4) Where registration is completed by right of subrogation of a creditor, notification under paragraphs (1) and (3) may be given to the creditor. In such cases, proviso to paragraph (1) shall apply mutatis mutandis.

Article 33Copying Registration Records into New Registration Records

Where needs to copy registration records into new registration records exist due to reasonable grounds, such as that too many matters recorded in the registration records cause inconvenience in handling, etc., a registrar may copy only currently effective registration into new registration records.

Section 2 Registration of Indication

Sub-Section 1 Registration of Indication of Land

Article 34Matters to Be Registered

A registrar shall record the following matters in the title section of registration record:

1. Indication number;

2. Date of receipt;

3. Location and lot number;

4. Land category;

5. Size;

6. Grounds for registration.

Article 35Application for Registration of Changes

Where a parcel of land is subdivided or combined, or registered matters under Article 34 are changed, a registered titleholder of the land shall apply for registration within one month from the time such fact occurs.

Article 36Registration of Change of Indication Ex Officio

(1) Where a registrar receives notification under Article 88 (3) of the Act on the Establishment, Management, etc. of Spatial Data from a competent administrative office in charge of land cadastre and a registered titleholder fails to apply for registration within a period under Article 35, he or she shall, without delay, register the change ex officio. <Amended on Jun. 3, 2014>(2) Where a registrar makes a registration under paragraph (1), he or she shall, without delay, notify the fact to the competent administrative office in charge of land cadastre and a registered titleholder; provided, where at least two registered titleholders exist, he or she shall be allowed to notify one of them of the fact.

Article 37Restrictions on Combining Lots of Land

(1) Where there is a registration of rights other than those listed in each of the following on the land whose lots to be combined, the combining lots of land shall not be registered: <Amended on Feb. 4, 2020>1. Registration of an ownership, superficies, Rights to lease on a deposit basis, and servient estate (estate for providing benefits):

2. Registration of a mortgage having the same ground for registration, date and receipt number as that of all the land to be combined;

3. Registration of trust of which the matters to be registered under the subparagraphs of Article 81 (1) on all the land to be combined are the same.

(2) When a registrar rejects an application for registration in violation of paragraph (1), he or she shall, without delay, notify the competent administrative office in charge of land cadastre of the grounds therefor.

Article 38Special Exceptions to Combining Lots of Land

(1) Even where the transfer of ownership is registered on part of land among land combined before the combination of lots of land is registered but after procedures for combining the lots of land under the Act on the Establishment, Management, etc. of Spatial Data are completed, registered owners of the relevant land may apply for the registration of combination of lots to co-own the land after combination of the lots if interested parties consent thereto. <Amended on Jun. 3, 2014>(2) Even where a right corresponding to the grounds for restrictions on the registration of combination of lots of land prescribed in Article 37 (1) is registered on a lot of land among land combined before the combination of lots of land is registered but after procedures for combining land pursuant to the Act on the Establishment, Management, etc. of Spatial Data are completed, a registered titleholders of ownership of the relevant land may apply for the registration of combination of lots of land which converts the object of their right into the ownership stake in the land after the combination of lots if interested parties give consent thereto; provided, where an easement is registered on the dominant estate, the registration of combination of lots shall be applied for an easement on the whole parcels of land after combination of lots. <Amended on Jun. 3, 2014>

Article 39Application for Registration of Loss

Where land is lost, a registered titleholder of the land shall apply for registration within one month from the time such incident occurs.

Sub-Section 2 Registration concerning Indication of Buildings

Article 40Matters to Be Registered

(1) A registrar shall record the following matters in the title section of registration record of a building: <Amended on Sep. 20, 2024>1. Indication number;

2. Date of receipt;

3. Location, lot number, building name (only applicable where the name of the building is entered in the building register; hereafter the same shall apply in this Article), and building number; provided, where only 1 building exists on the same lot number, the building number shall not be recorded;

4. Kind, structure and size of building; where an annexed building exists, the kind, structure and size of the annexed building shall also be recorded;

5. Grounds for registration;

6. Drawing number (limited to where several buildings stand on the same lot number and where a building (hereinafter referred to as "sectioned building") being the object of sectioned ownership as defined in subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings.

(2) Where a building to be registered is a sectioned building, a registrar shall record location, lot number, building name, and building number in the title section of registration record of the building and building number in the title section of registration record of a part under exclusive ownership. <Amended on Sep. 20, 2024>(3) Where a right to use a site (hereinafter referred to as "right to a site") as defined in subparagraph 6 of Article 2 of the Act on Ownership and Management of Condominium Buildings, which cannot be alienated from a building and disposed of, is vested in a sectioned building, a registrar shall record matters concerning the indication of land being the object of a right to a site in the title section of registration record of a building and matters concerning the indication of a right to a site in the title section of registration record of a section under exclusive ownership, in addition to matters to be recorded as prescribed in paragraph (2).

(4) If a registrar registers a right to a site pursuant to paragraph (3), he or she shall, ex officio, record that ownership, superficies, a right to lease on a deposit basis or leasehold interest is a right to a site in the registration record of land being the object of a right to a site.

Article 41Application for Registration of Changes

(1) Where a building is divided, sectioned or combined with another building, or registered matters under Article 40 are changed, a titleholder of such building shall apply for registration within one month from the time such fact exists.

(2) As for a sectioned building and for which only indication is registered, a person falling under any of the subparagraphs of Article 65 shall apply for registration under paragraph (1).

(3) Where change or extinguishment of a right to a site exists in a sectioned building, a registered titleholder of a section may apply for the registration thereof in subrogation of the registered titleholders of other sections of the same building.

(4) Where a building is a sectioned one, the registration of change of registered matters recorded in the title section of a building among registration record of the building shall have the effect of registration of changes on other sections of the same building.

Article 42Restrictions on Combination of Buildings

(1) Where the building to be combined has a registration for rights other than those listed in each of the following, the registration of the combination shall not be made: <Amended on Feb. 4, 2020>1. Registration of ownership, right to lease on a deposit basis, and leasehold interests;

2. The registration of a mortgage that has the same ground for registration, date and receipt number as that of all the buildings to be combined;

3. Registration of a trust, the matters to be registered under each subparagraph of Article 81 (1) of which are identical in all buildings to be combined.

(2) Where a registrar rejects an application for registration filed in violation of paragraph (1), he or she shall notify, without delay, the competent administrative agency in charge of building ledgers of the grounds therefor.

Article 43Application for Registration of Destruction

(1) Where a building is destroyed, a registered titleholder of such building shall apply for registration within one month from the time such incident occurs. In such cases, Article 41 (2) shall apply mutatis mutandis.

(2) If a registered titleholder fails to apply for the registration of destruction within one month, the owner of the site of such building may apply for registration in subrogation of the registered titleholder of the building.

(3) Where the whole of a sectioned building is destroyed, the registered titleholder of a section may apply for the registration of destruction of the whole building in subrogation of the registered titleholders of other sections of such building.

Article 44Non-Existence of Buildings

(1) Where registration of a nonexistent building exists, a registered titleholder of such building shall, without delay, apply for the registration of destruction of such building.

(2) Article 43 (2) shall apply mutatis mutandis where a registered titleholder of such building fails to apply for registration as prescribed in paragraph (1).

(3) Where a building not in existence is a sectioned one, Article 43 (3) shall apply mutatis mutandis.

Article 45Destruction of Buildings with Parties Interested in Registration

(1) Where registration of destruction is applied on a building for which a right other than ownership is registered, a registrar shall notify the registered titleholder of such right of the purport that registration of destruction is to be made unless he or she raises an objection within a specified period of up to one month; provided, where the purport of destruction of building is recorded in the building ledger or the registered titleholder of a right other than ownership agrees to the registration of destruction, this shall not apply.

(2) Articles 58 (2) through (4) shall apply mutatis mutandis to cases falling under the main clause of paragraph (1).

Article 46Registration concerning Indication of Sectioned Buildings

(1) Where registration of preservation of ownership is applied for only part of a sectioned building, registration of indication shall be applied simultaneously with the rest of the sectioned building.

(2) In cases falling under paragraph (1), the owner of a sectioned building may apply for the registration of indication of the building in subrogation of the owners of other sections of the building.

(3) Where registration of preservation of ownership is applied for a sectioned building built adjoining a building registered as a non-sectioned building, registration of change of indication of building shall be simultaneously applied for the non-sectioned building to register it as a sectioned building. In such cases, paragraph (2) shall apply mutatis mutandis.

Article 47Registration of Section for Common Use under Agreement and Registration Following Repeal of Agreement

(1) Registration to the effect that it is a section for common use under Article 3 (4) of Act on Ownership and Management of Condominium Buildings shall be applied by a registered titleholder. In such cases, where registration of a right other than ownership exists on a section for common use, consent from the registered titleholder of such right shall be obtained.

(2) Where an agreement to the effect that it is a section for common use is repealed, the acquirer of the section for common use shall, without delay, apply for the registration of preservation of ownership.

Section 3 Registration concerning Rights

Sub-Section 1 Common Provisions

Article 48Matters to Be Registered

(1) When a registrar registers rights in Section A or Section B, he or she shall record the following matters:

1. Number of priority order;

2. Purpose of registration;

3. Date of receipt and receipt number;

4. Grounds for registration and date thereof;

5. Titleholder.

(2) When matters concerning a titleholder under paragraph (1) 5 are recorded, a resident registration number or registration number for the registration of real estate, and address or location of office shall also be recorded in addition to the name or title of the titleholder.

(3) When any registration is made in the name of an association or foundation, other than corporation as prescribed in Article 26, the name, address and resident registration number of its representative or manager shall also be recorded.

(4) Where the number of titleholders under paragraph (1) 5 is at least two, the ownership stake of each titleholder shall be recorded; if a right to be registered is included therein, the purport shall be recorded.

Article 49Procedures for Assigning Registration Numbers

(1) A registration number for registration of real estate (hereinafter referred to as "registration number") under Article 48 (2) shall be assigned according to the following methods: <Amended on Mar. 23, 2013; Mar. 18, 2014; Jul. 24, 2015>1. Registration numbers for the State, local governments, international organizations and foreign governments shall be designated and publicly notified by the Minister of Land, Infrastructure and Transport;

2. A registration number shall be assigned to a Korean national residing abroad with no resident registration number by the registrar of a registry having jurisdiction over the location of the Supreme Court, and a registration number shall be assigned to a corporation by the registrar of a registry having jurisdiction over the location of its principal office (referring to the head office in cases of a company; and to a sales office or branch office in Korea, the establishment of which is first registered in cases of a foreign company);

3. A registration number shall be assigned to an association or foundation other than a juristic person and to a foreign corporation that has not registered its sales office or branch office in Korea by the head of a Si (including the heads of administrative Sis under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, but excluding the heads of Sis that have Gus other than an autonomous Gu as prescribed in Article 3 (3) of the Local Autonomy Act), Gun or Gu (including the head of a Gu, other than an autonomous Gu);

4. A registration number shall be assigned to a foreigner by the head of a local immigration office having jurisdiction over his or her place of sojourn (if he or she has no place of sojourn in Korea, the seat of the Supreme Court shall be deemed his or her place of sojourn).

(2) Procedures for assigning registration numbers pursuant to paragraph (1) 2 shall be prescribed by the Supreme Court Regulations, and procedures for assigning registration numbers pursuant to paragraph (1) 3 and 4 shall be prescribed by Presidential Decree.

Article 50Information on Completion of Registration

(1) Where a registrar completes registration of a new right, he or she shall prepare information on completion of registration and notify it to a registered titleholder; provided, this shall not apply in any of the following cases:

1. Where the registered titleholder declines to be notified of information on completion of registration;

2. Where the State or a local government is the registered titleholder;

3. Cases prescribed by the Supreme Court Regulations, in addition to those under subparagraphs 1 and 2.

(2) Where a registered titleholder and a person liable to make a registration jointly apply for registration of a right, applicants shall supply information on completion of registration of a person obliged to make a registration that has been notified together with information on application to the registry. The same shall also apply to cases in which a person liable to make a registration who wins a suit applies for the registration of a right unilaterally.

Article 51Non-Existence of Information on Completion of Registration

Where information on completion of registration of a person obliged to make a registration does not exist in cases under Article 50 (2), the person obliged to make a registration or his or her legal representative (hereinafter referred to as "person obliged to make a registration, etc.) shall appear in the registry and obtain confirmation from the registrar that he or she is a person obliged to make a registration, etc.; provided, this shall not apply where the fact that the representative (referring only to an attorney or certified judicial scrivener) of applicants is delegated by a person obliged to make a registration, etc. is confirmed or the part to be prepared by a person obliged to make a registration, etc. in an application (where a representative by delegation files an application, referring to documents verifying his or her authority) has been notarized.

Article 52Supplementary Registration

When a registrar registers the following matters, he or she shall make a supplementary registration; provided, this shall not apply where consent is not given by a third party with an interest in registration under subparagraph 5:

1. Registration of change or correction of the indication of a registered titleholder;

2. Registration of transfer of a right other than ownership;

3. Registration of a right with a purpose of a right other than ownership;

4. Registration of restrictions on disposal of a right other than ownership;

5. Registration of change or correction of a right;

6. Registration of special agreements for repurchase under Article 53;

7. Registration of agreements for the extinguishment of a right under Article 54;

8. Registration of agreements for prohibition against division of co-owned property under the latter part of Article 67 (1);

9. Registration prescribed by the Supreme Court Regulations.

Article 53Registration of Special Agreements for Repurchase

When a registrar registers a special agreement for repurchase, he or she shall record the following matters; Provided, That only where grounds for registration specify to record matters under subparagraph 3, such matters shall be recorded:

1. The amount paid by a purchaser;

2. Expenses incurred in relation to the sale and purchase;

3. Period of repurchase.

Article 54Registration of Agreements on Extinguishment of Rights

Where an agreement on the extinguishment of a right is included in the grounds for registration, an applicant may apply for the registration of such agreement.

Article 55Extinguishment of Rights Due to Death and Registration of Cancellation

Where an agreement that a right extinguishes following the death of a person or the dissolution of a corporation, who is a registered titleholder, is registered, and such right extinguishes following death of the person or dissolution of the corporation, a person entitled to make a registration may unilaterally apply for the cancellation of such registration by proving such fact.

Article 56Unknown Whereabouts of Person obliged to Make a Registration and Registration of Cancellation

(1) Where a person entitled to make a registration is unable to apply for the cancellation of registration jointly with a person obliged to make a registration due to his or her unknown whereabouts, he or she may apply for public summons, as prescribed by the Civil Procedure Act.

(2) Where a judgment of nullification exists in cases falling under paragraph (1), a person entitled to make a registration may unilaterally apply for the cancellation of registration by proving such fact.

Article 57Cancellation of Registration with Third Parties Having Interest

(1) Where the cancellation of registration is applied and a third party with an interest in the registration exists, consent from such third party is required.

(2) Where registration is cancelled pursuant to paragraph (1), a registrar shall cancel registration in the name of a third party with an interest in the registration ex officio.

Article 58Cancellation of Registration Ex Officio

(1) If a registrar finds that registration corresponds to subparagraph 1 or 2 of Article 29 after he or she completes the registration, he or she shall notify a person entitled to make a registration, person obliged to make a registration and third party with an interest in the registration of the purport that he or she is going to cancel the registration within a specified period of up to one month if no objection is raised.

(2) If the address or abode of a person who is to receive notification under paragraph (1) is unknown, such notification shall be posted on the bulletin board of the registry during the period under paragraph (1) or be publicly announced, as prescribed by the Supreme Court Regulations, in place of notification under paragraph (1).

(3) If a person raises objection to cancellation under paragraph (1), a registrar shall make a decision on such objection.

(4) Where no person raises objection during a period under paragraph (1) or an objection is rejected, a registrar shall cancel the registration under paragraph (1) ex officio.

Article 59Reinstatement of Cancelled Registration

Where the reinstatement of cancelled registration is applied and a third party with an interest in the registration exists, consent from such third party shall be required.

Article 60Acquisition of Rights to Use Sites

(1) Where a person who built a sectioned building has a right to use a site as defined in subparagraph 6 of Article 2 of the Act on Ownership and Management of Condominium Buildings and he or she has completed registration of transfer of ownership over the sectioned building only without registering a right to use the site, he or she may apply for registration of transfer of a right to use the site jointly with the current titleholder of the sectioned building.

(2) Paragraph (1) shall apply mutatis mutandis where a person who has built and transferred a sectioned building agrees to acquire and transfer a right to use the site of such building afterward.

(3) Registration under paragraphs (1) and (2) shall be applied simultaneously with the registration of a right to a site.

Article 61Where Right to Site Is Registered in Registration Records of Sectioned Buildings

(1) Registration of a right to a building made after a right to a site is registered shall have the same effect on a right to the site; provided, this shall not apply where a purport that such registration is for only the building is supplementarily recorded.

(2) The priority order of registrations made in a Gu among registrations having an effect as registration of a right to a site under paragraph (1) and registration record of land being the object of a right to a site shall accord with the receipt number.

(3) On the registration record of a sectioned building for which a right to a site is registered, a registration for transfer of ownership, registration for settlement of mortgage or other registration relating thereto over the building only shall not be made.

(4) On the registration record of land for which a purport that it is a right to a site is registered where ownership of land is a right to a site, a registration of transfer of ownership, registration of settlement of mortgage or other registration relating thereto shall not be made.

(5) Paragraph (4) shall apply mutatis mutandis where superficies, a right to lease on a deposit base or leasehold interest is a right to a site.

Article 62Notification of Change of Ownership

Where a registrar registers the following matters, he or she shall, without delay, notify such fact to an administrative agency in charge of cadastre in the case of land, and to an administrative agency in charge of a building ledger in the case of a building:

1. Preservation or transfer of ownership;

2. Change or correction of indication of a registered titleholder;

3. Change or correction of ownership;

4. Cancellation of ownership or reinstatement from cancellation.

Article 63Provision of Taxation Data

Where a registrar completes the registration of preservation or transfer of ownership (including provisional registration), he or she shall notify such fact to the head of a district tax office having jurisdiction over the location of real estate.