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The process for registration of real estate
* Below is the brief introduction based on the typical case. Since the procedure to manage case varies, please consult the attorney for the best way to manage your case.
¡ÚTypical case¡ÛThe basic flow of the process for registration of real estate
This is the case in which X sold his/her land to Y for 10 million JPY and finished the procedure for registration of a transfer. However, since Y does not pay 10 million JPY to X, X wants to cancel the sales contract of land and to return the name of registration of land to X.

¡ÚThe notice of cancellation¡Û
First, X is to send a letter (normally, a contents-certified mail) to Y asking simultaneously Y to pay 10 million JPY and if the amount claimed was not paid during a certain period of time, the sales contract would be canceled. By this letter, the sales contract will be canceled unless Y pays X.
¡ÚProvisional disposition¡Û
Secondly, X petitions a file of ¡ÈProvisional disposition of keeping the right for requesting registration.¡É (Toki Seikyu-ken Hozen no Tame no Shobun Kinshi Kari-Shobun) This process is to prevent Y to resell the land to the third party and to complicate the relationship of the law. When you petition a provisional disposition, the court asks you to pay a certain amount of mortgage. (Though it depends on the possibility of winning the case, normally, it would be approximately 15% of the price of fixed asset concerned.)
¡ÚFiling a lawsuit¡Û
Since provisional disposition is a disposition of ¡Ètemporal¡É, X needs to file a lawsuit in a certain period of time. For this case, normally, X files a lawsuit against Y claiming for crossing off the list of registration, Massho-Toki-Seikyu. (As a matter of course, if Y still occupies the land concerned, X needs to file a lawsuit claiming Y to quit the land as well.)
¡ÚWinning a suit¡Û
When X won the case as a result of suit, the court passes a judgment stating ¡ÈY (the respondent) is to transfer the registration of the right of ownership of the land concerned to X.¡É
¡ÚApplying for registration¡Û
After receiving the certification of irrevocable judgment from judicial clerk (there are some cases in which you need to receive execution sentence when the condition specified in the judgment is fulfilled. (Jyoken-Shoju-Shikko-Bun) If X applies for crossing off the list of registration based on the execution sentence described before, the transfer of registration will be deleted and henceforth the land concerned will be under X¡Çs name.


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