Enforcement Act of the Part of Rights In Rem of the Civil Code Article 8-5

In order to conform the share to the common elements of the building and the land on which the building is erected to the ratio provided in the revised Article 799Ⅳof the CIVIL CODE, the transfer of such above between the owners of the condominium building shall not be regulated by the provision of the revised Article 799Ⅴof the CIVIL CODE. Before the coming into force of the revision of the BOOK of RIGHTS in REM of the CIVIL CODE, if the rights to the individual unit, the common elements of the building which the individual unit, and the land on which the building is erected of a condominium building have not been owned by the same person or have been established encumbrances separately, the transfer or the encumbrances establishment of its rights in rem shall not been regulated by the provisions of the revised Article 799Ⅴof the CIVIL CODE. When the land on which the building is erected of a condominium building will be sold separately in accordance with the preceding paragraph, the owner of the individual unit who does not own or not own enough shares of the land on which the building is erected, to the extent of the ratio of the land on which the building is erected which is decided by the ratio of his own individual unit to the total of the individual units, has the right of first purchasing under the same terms and conditions and his right is superior to other co-owners. In the preceding case, if there are several people willing to exercise his right of first purchasing shall purchase it according to the proportion of the individual unit. If it is otherwise provided by covenant, such covenant shall then govern.When the individual unit of a condominium building will be sold separately in accordance with the second paragraph, the owner of the land on which the building is erected, who does not own the individual unit, has the right of first purchasing under the same terms and conditions.In the preceding case, if there are several people willing to exercise his right of first purchasing, the buyer shall be decided by drawing lots. If it is otherwise provided by covenant, such covenant shall then govern.The owner of the land on which the building is erected or the individual unit of a condominium building, who sells his land or individual unit in accordance with the third or the fifth paragraph, shall advertise at a bulletin board of the construction or other proper place for five days. The right holder of first purchasing, who does not purchase within fifteen days from the date of the advertisement, is deemed to waive his right of first purchasing.