JP2002092510A - Contract system for term leasehold establishment - Google Patents

Abstract

PROBLEM TO BE SOLVED: To socially promote land supply by ensuring the return of a land to its owner. SOLUTION: According to the rule of the conciliation contract of subdivision ownership transfer with start time of a written contract of term leasehold establishment, the landowner performs the temporary registration of the subdivision ownership transfer with start time. The landowner determines whether a mansion is continuously used or removed two yeas before the expiration of the leasehold. When the continuous use is determined, the landowner buys the subdivision building from its subdivision owner at 15% of the initial sales price thereof, and when the removal is determined, the landowner receives the subdivision building from its subdivision owner gratis at the expiration of the lease period. This contract system for term leasehold establishment has the above steps as essential requirements.

Description

DETAILED DESCRIPTION OF THE INVENTION

[0001]

BACKGROUND OF THE INVENTION 1. Field of the Invention The present invention belongs to the field of technology for utilizing land with fixed-term leasehold and efficiently operating condominiums with fixed-term leasehold.

More specifically, the fixed-term leasehold agreement system of the present invention focuses on the fact that a landowner can obtain a profit by acquiring a building, and pays a large lump sum of money initially received from a developer to purchase a building. This is a land utilization method that obtains a high profit of about 6% of the land price with zero funds by acquiring a rent section as well as rent income.

[0003]

2. Description of the Related Art If one looks at various conventional methods,
A method of buying and selling condominiums with land and setting sectional ownership (condominiums, hereinafter referred to as “the first case”), and a method of setting tenant rights for united buildings (rented condominiums, hereinafter referred to as “the second case”) ), An apartment constructed on land with a lease right or a land right is bought and sold, and a leased or land-owned sectional ownership is set (hereinafter referred to as “third case”). In each case, there are a variety of anxiety factors on both the landowner side and the section owner side. There is also the problem of the balance between price and benefits.

[0004] In the second case, ie, a rented apartment,
For landowners, this is a land utilization method in which building construction costs are borrowed to rent a building and rent income is earned, but there is also an equivalent exchange method. The landowner buys a part of the building with the funds obtained by selling the land, becomes a sectional owner, and obtains profit from the rent income (hereinafter referred to as “fourth case”). In this exchange method, the landowner sells a part of the land.

[0005]

The above third case is further subdivided, and a landowner provides land and sets a lease right or a land right with ordinary lease land there, and the apartment with a lease right or a land right. In some cases, and the leasehold is a fixed-term leasehold. In any case, it is a system that is operated for a long time, and there are various problems for both landowners and section owners. Hereinafter, the conventional example will be described focusing on the third case.

[0006] The following points are for the landowner. That is, after the expiration of the fixed leasehold, for example, 50 years later, the building of the sectional owner without the leasehold remains. It is actually difficult to remove the building and clear the land with the consent of all. It is also difficult to eliminate a third party's rights, such as a mortgage or seizure, on a co-owned building that has existed for 50 years after 50 years. In addition, it is very troublesome to conclude a contract with each division owner at the time of sale. After the sale, you have to respond individually to the unpaid rent. Processing 50 years later is also a problem. Monthly income cannot expect high income. Even in the low interest rate era, it is difficult to operate even if you receive a lump sum such as a royalties or security deposit. These are various kinds of anxiety.

[0007] On the other hand, for the owners of the division, there is concern that the apartment with leasehold right is higher than the rental apartment because the rent is added, and there is concern about the rise in the rent. I am worried that it will be sufficient as an asset value or that it will be sold second hand. For example, the obligation to remove a building after the expiration of the fixed-term leasehold, for example, 50 years later, is legally stipulated. Can you withstand a used mortgage? For example, if you acquire at the age of 30, if you have a fixed term lease right of 50 years, you will be vacated at the age of 80, but that is uneasy. If you decide to continue living 50 years later, the rent will be changed from rent to rent, which is also a matter of concern.

[0008]

Means for Solving the Problems In order to solve the above-mentioned problems, the means adopted by the present invention are as follows.

[0009] In accordance with the provisions of the term-based land ownership transfer settlement agreement in the fixed-term lease agreement, the landowner makes provisional registration of the term-based land ownership transfer for the section owner, and the term lease right expires.
A year ago the landowner decided whether to continue using or removing the apartment,
In the case of continuous use, at the end of the lease term, the landowner buys the co-owned building from the co-owner at 15% of the initial sale price, and in the case of removal, the land owner transfers the co-owned building from the co-owner free of charge at the expiration of the lease.

According to this means, for example, 50 years after the expiration of the fixed-term leasehold, the leasehold is extinguished due to confusion stipulated in Article 179 of the Civil Code, the lease agreement is terminated, and the building is integrated with the land. The building can be that of the landowner.
This ensures that the landowner will be able to supply land with confidence because his land will return, and socially promote land supply. Therefore, in the fixed-term lease agreement agreement,
A settlement agreement with a deferred ownership transfer is signed, and a temporary registration of the deferred ownership transfer is set. After the expiration of the fixed-term leasehold, the landowner decides whether to use or remove the building. In the case of land use, the landowner buys the building at 15% of the initial sale price. In the case of removal, the landowner will transfer it free of charge. Therefore, the cause of the provisional registration of the sectional ownership is set to be the "Initial sectional ownership transfer settlement agreement" using the settlement under Article 695 of the Civil Code. This temporary registration protects the use and removal of the building after the expiration of the fixed term lease. The co-owned building is a property with a temporary registration obi, but this obi does not hinder the circulation of the used market. The reason is that the temporary registration is a temporary registration on the condition that the expiration of the lease term expires, and cannot be a permanent registration halfway.

In the case of utilizing a building, the provisional registration of all section owners shall be the real registration, and if the mortgage cannot be deleted, it shall be deleted by the registrar's ex officio in accordance with Article 105, Paragraph 2 of the Real Estate Registration Act. Instead of exempting the co-owner from the obligation to remove the building, the landowner will receive the building removal costs in cash from the management association.

In the case of removal, the landowner removes the building. At this time, if the co-owner can erase the mortgage, etc. and can submit documents on the registration of loss of co-ownership, there is no need to make provisional registration a permanent registration. However, if the owner of the condominium is unable to do so, the temporary registration will be made permanent and the mortgage on the condominium ownership of the condominium will be deleted by the registrar's ex officio in accordance with Article 105, Paragraph 2 of the Real Estate Registration Act. Instead of exempting the owner from the obligation to remove the building, the landowner receives the cost of removing the building from the management union corporation, receives the building free of charge, and performs the removal work.

[0013] The landowner enters into an agreement to collectively set up a fixed term lease for the developer, the developer bears the lump sum liability and the rent payable to the landowner, and the developer issues a notarized letter of the above fixed leasing agreement. A contract of sale is concluded with each division owner using the contract, and after the completion of the purchase contract, a legal relationship is formed with the management union corporation that put together each division owner.

[0014] It is difficult for landowners to promote their own business due to the large scale of the condominium with fixed-term leasehold. Then the developer runs the business as a business owner. That is, the landowner escapes from the complexity corresponding to the individual who is the owner of the division and performs these businesses in a lump. The developer will set up fixed term leases on the land of the landowner collectively and use the notarized deed of the setup agreement to apply for the management agreement, rent agreement, parking lot agreement, repair reserve fund agreement, clearing fund agreement, and deposit management account Establish handling rules and conclude sales contracts with individuals.

[0015] On the other hand, since it is difficult to satisfy all the individual section owners, it is difficult to cope with the situation. Exercise the rights in the lease agreement and fulfill its obligations in solidarity with the co-owner. In addition, the management union corporation entrusts the management company to the management landlord.

When the contract is concluded, the landowner collectively receives a security deposit from the developer in order to settle the remaining debt upon the expiration of the fixed-term leasehold, and the developer receives a guarantor from the sectional owner by selling the condominium. The landowner issues a security deposit certificate to secure the right of claim for return to the section owner, and also performs land right setting registration for the developer during the construction of the building, erasing the mortgage right before the completion of the building, The fixed-term leasehold right setting contract system according to claim 1 or 2, wherein it is a further indispensable requirement to register the land right as a site right for the section owner instead.

[0017] In the fixed-term lease agreement according to the present invention, the landowner receives the right money and the security money from the section owner.
The royalties will be the consideration for the fixed-term leasehold right, and the security deposits will be the security for fulfilling the fixed-term leasehold agreement. In general, the royalties are set to be around five years of the occupied land rent. Instead of establishing a mortgage on the land to guarantee the right of the owner of the deposit to return the security deposit, a security deposit is issued and the security of the owner is guaranteed.

The landowner makes the first-ranking land right registration at the time of the fixed-term lease agreement for the section owner, and establishes a mortgage of the security received from the developer during the construction of the building. Immediately before the completion of the building, the security mortgage is deleted. Immediately upon completion of the building, land rights are transferred to the co-owned building as site rights. The landowner makes a provisional registration in the order of preservation registration based on the term-based settlement transfer agreement. For example, after fifty years, land lease will expire (even if it is confused), and land rights will be extinguished. By making the temporary registration a permanent registration, the rights of third parties such as mortgages and seizures of the building will be deleted by the registrar's ex officio.

At the conclusion of the sales contract, the leasing fund is collectively collected as a clearing fund for the disposal of the building upon expiration of the fixed-term leasehold, managed as a separate account, and managed as independent accounting. 4. The fixed-term leasehold according to claim 1, 2, or 3, wherein the fixed-rate fund is allocated to a dispute settlement fee during a fixed-term lease period and the management of the liquidation fund is entrusted to an audit corporation. It is a setting contract system.

By collecting a clearing fund for disposal of buildings at the time of expiration of fixed-term leasehold as part of the sale price, it is determined whether the building should be used continuously or removed when the fixed-term leasehold expires. You can follow the decision with confidence. In other words, when it is determined that the building will be used continuously or when it is determined that the building will be removed, the landlord will pay for the removal of the building using the clearing fund collected in advance,
The owner of the co-owner is exempt from the obligation to remove the building. Since the liquidation fund had to be held for a long period of time, the auditing firm was entrusted with the audit and made a glass as an independent account. The auditing firm audits the performance of the management union corporation or the management company's lease agreement by conducting an accounting audit every year.

As described above, in the condominium with fixed-term leasehold according to the present invention, a part of the sales price includes a clearing fund for removing buildings when the fixed-term leasehold expires. That is, the conventional condominium with land, that is, the selling price in the first case is the building price + consumption tax + land price, while the selling price of the present invention is the building price + consumption tax + rights deposit + security deposit +
The Clearing Fund. Instead of the land price, the amount of right money + security money + clearing fund is used. In general, in the case of the present invention, the price is about 75% of the first case. So, if you buy a loan,
The latter requires much less repayment interest or loan term than the former, and makes a further difference. Even if a loan is not used, both of the post-purchase costs are a management fee, a repair reserve, and a building property tax. However, in the first case, a land property tax is charged, and in the case of the present invention, an exclusive area rent is charged.

The fixed leasehold contract according to claim 1, 2, 3 or 4, wherein the reserve for repairs is collectively collected at the time of the conclusion of the sales contract and collectively and monthly from the sectional owner, and is collected as an independent account. System.

The reserve fund for repairs is collected and collected as lease conditions after clarifying and convincing each plan of large-scale repairs 30 years after construction and medium-scale repairs 50 years after construction.

[0024] In land use under another fixed-term lease agreement, the rent and the lump sum are considered separately.
The latter translates into long-term investment as a return on investment. However, it is unreasonable to operate with cash for a long time, for example, 50 years. In the present invention, the landowner who originally receives the lump sum received from the co-owner is used by the landowner himself to acquire a part of the co-owned building so that a stable monthly high income can be obtained.

The rent is divided into an exclusive area rent and a parking rent, and the management union corporation collects 6 months of the exclusive area rent from the section owner as a rent payment reserve, and utilizes a part of the rent to make a fixed rate rent. The condominium sale and purchase contract system with fixed-term leasehold right according to claim 1, 2, 3, 4, or 5, wherein a unique rent system is operated as independent accounting which can be paid to the landowner.

[0026] The section owner who has acquired the fixed-term leasehold condominium bears the monthly rent payment obligation. Therefore, in the present invention aims to alleviate this burden, the rent a footprint rent parking rent and the divided example example footprint rent is footprint 1 m ² 100 yen per area occupied rent at 80 m ² 8
000 yen. On the other hand, the parking lot rent is 10
50% of parking revenue from 0% operation will be paid to landowners as parking rent, and 10% will be transferred to the repair reserve fund for the renewal of parking facilities and equipment, and the rest will be used for administrative expenses. Exclusive area rent will be revised every two years, and parking lot rent will be revised every 20% or more from the neighboring parking rate.

The management union corporation collects 6 months of the occupied area rent from each section owner as a rent payment reserve,
Pay the landlord a fixed amount of rent with plenty of time.

The management union corporation collects a fire / earthquake insurance premium as a part of the management fee. Purchase fire and earthquake insurance for common areas of condominiums.

When the condominium construction plan belongs to a plurality of landowners, each of the plurality of lands is evaluated by a real estate appraiser, and a trust company is established with a stake based on the evaluation value.
The trust company concludes a trust contract with each landlord on the condition that the fixed-term land right or fixed-term lease right expires, registers the trust land in the name of the trust company, and makes the trust company a shareholder of multiple landowners. A fixed-term leasehold setting contract system according to claim 1, 2, 3, 4, 5, or 6.

When the condominium construction site belongs to a plurality of landowners, conventionally only the equivalent exchange method could be used.
According to the present invention described in claim 7, the land can be trusted by a corporation established by a plurality of landowners, so that the land can be easily used. It was difficult to establish the equivalent exchange method because a part of the land was sold. ADVANTAGE OF THE INVENTION According to this invention, there is a merit that a land can be continuously owned, a value can be raised and effective utilization can be achieved by unification of land, even if it does not exchange, as before.

The land heir transfers the ownership of the land to a pre-established family company within three years and ten months after the inheritance occurs, and the family company establishes a fixed term lease for the developer, and in exchange for this A fixed-term lease that receives a lump-sum payment from the developer and uses the lump-sum to acquire a section ownership of a part of the condominium with a fixed-term lease and obtains rent and rent income from the property. It is a setting contract system.

Due to the revision of the Civil Code after the war, land fragmentation is progressing, especially in urban areas, such as inheritance from the birth of a child to equal inheritance.
However, such fragmentation is not preferable as a public good, and it is not preferable for an heir because it leads to a decrease in asset value. In the fixed-term leasehold agreement system according to the present invention,
The heir establishes a family company, transfers the ownership of the land to the family company without transfer tax, and concludes a joint business promotion agreement with the term of the fixed leasehold or fixed leasehold . Then, the shareholder composition of the family company is determined according to the inheritance ratio.

Article 39 (1) of the Special Taxation Measures Law stipulates as follows. "Individuals who have acquired property through inheritance or bequest will have an inheritance tax for the inheritance or bequest under the provisions of the same Act. The transfer of assets included in the calculation of the taxable value for the inherited tax amount between the day following the deadline for filing the return under Paragraph 1 and Article 29, Paragraph 1 and the day after the lapse of three years With regard to the application of the provisions of Article 33, paragraph (3) of the said law relating to transferable income, the acquisition costs prescribed in the said paragraph shall be deemed to be equivalent to the acquisition costs by a Cabinet Order as a part of the inheritance tax amount corresponding to the assets. Shall be the sum of the amounts calculated in accordance with the provisions in "."

In Article 39, Paragraph 1 of the Special Taxation Measures Law, in order to balance the system with which transfer income tax does not apply in the case of deliveries, inheritance tax is deducted from transfer profits in the case of transfer within 3 years and 10 months after inheritance occurs. Stipulates a special case of calculating transfer income. Utilizing this rule because the present invention is highly profitable and reduces the valuation of inheritance tax, it will fundamentally solve the inheritance tax problem by transferring land from an individual to a family company.

According to the fixed-term leasehold agreement system of the present invention, the inheritance tax amount is more stable for 50 years than in the case of vacant land.
It is reduced by about 0%. The reason is that the inheritance tax valuation is 30%
Due to the reduction. There are three reasons why the inheritance tax valuation is reduced by 30%. (1) The valuation of the leasehold land is reduced by 45% of the vacant lot in an area with a 70% leasehold right ratio. (2) Partial ownership of a building with the cash received as a security deposit and renting it (3) The valuation of the land will gradually increase over time as the leasehold becomes vacant when the term lease expires, but the refund for the security deposit is compound interest cost. These will be offset as a result of a gradual decline as they are evaluated at the discounted amount. That is all.

A joint venture agreement for a land owned by a parent company, such as a public enterprise or a large company, for a subsidiary or an affiliated company of the parent company, subject to the expiration of fixed-term leasehold or fixed-term leasehold right, is entered into. The affiliate also enters into a fixed-term lease agreement with the developer to receive a lump sum, a right and a security deposit, and use the lump sum to acquire a part of the building constructed by the developer and rent it. This is a fixed-term lease agreement agreement system in which rent income and rent income are obtained, and a part of these incomes is distributed back to the parent company, a public enterprise or a large company.

It is practically difficult to construct a condominium with a fixed-term lease on land owned by a public company or a large company and utilize the land. This is because there is great resistance to coordinating stakes with a large number of co-owners in the apartment. Therefore, the parent company, a public enterprise or a large company, temporarily transfers the ownership of the land to the subsidiary in a manner that does not impose a transfer tax, and the affiliated company enters into a fixed lease agreement with the developer and The coordination of interests is outsourced to the developer who is the owner of the property, and the affiliate company itself becomes a part-owner of a part of the building, earns rent income from this, and distributes a part of the income to the parent company. .

A trust agreement is automatically signed with the trust bank for land owned by the national government, local governments, special corporations, etc., which is automatically renewed at predetermined intervals, and the land is registered in trust under the name of the trust bank. And concluded a fixed-term lease agreement with the government and received a lump sum, that is, a right deposit and a security deposit.The lump sum was paid by the government, local governments and special corporations to a part of the building constructed by the developer using the lump sum. This is a fixed-term lease agreement agreement system that obtains rent and rent from public facilities or for rent.

This is a system in which excellent home supply can be realized by utilizing idle land owned by the national government, local governments and special corporations. In urban areas where housing demand is large, such as cities, there is a merit that profits can be surely increased and social capital of public facilities is increased. In addition, in this method, since the fiscal expenditure is zero, not only there is no risk of the burden of interest due to the fiscal expenditure in the later fiscal year, but also the financial income of rent income and rent income can be secured.

With the option of removing the building 50 years later as an option, and aiming to continue using the building 50 years later,
Use materials with high physical durability for both the structural part and the interior equipment part of the building, design the layout of the building to be easy to change, and design the building environment to maintain mental and physical health. Claims 1, 2, 3, 4, 5, 6, 7, 8, and 9 wherein a decrease in physical and social values has been suppressed.
A fixed-term leasehold contract agreement system according to 9 or 10.

The most motivating incentive to conclude a fixed-term leasehold is for the landowner to be able to remove the building at the expiration of the fixed-term leasehold as an effect of the constituent requirements described in claim 1. 50 years later, the income can be expected to be about 5 to 10 times, the amount equivalent to the removal cost of the building can be received in cash, and the landowner can repair the building after 50 years of medium-scale repair, and so on. In addition, for the co-owner, there is a great possibility that the co-owner will be able to purchase the co-owned building after 50 years as an effect of the constituent requirements described in claim 1. Repairs can be expected to maintain the building well, and there is a high likelihood of a permanent home.

Even after the sale of the building, the developer will continue to act as the owner of the land, and will cooperate with the lot of owners and other persons from the landowner's point of view during and after the term of the fixed-term leasehold. The management union corporation is established based on the Sectional Ownership Law Article 47, and the management union corporation becomes a joint borrower of each section owner as a management landlord and entrusts all management work to the management company. Acted on behalf of the Company, performing all operations including litigation and liquidation after the expiration of the term of the fixed-term leasehold.The management union signed an audit contract with an audit corporation, and the audit corporation conducted an annual accounting audit. Claims 1,2,3,4,5,6,7,8,4,8,9,9,8,9,9,9,9,9,9,9,9,9,9,9,9,9,9,9 Monitoring the fulfillment of the obligations of the management union corporation and the management company in the lease agreement and submitting an audit report to the management union 9, 10, or 11 It is a leasehold setting contract system.

In the term lease agreement contract system according to the present invention, the landowner does not directly correspond to a large number of section owners. In other words, the management site owner, management union corporation, management company,
In this method, auditing firms share their roles. In particular,
Even after the sale of the building, the developer will continue to act as a landlord and will deal with the management company from the landowner's perspective consistently during and after the term of the fixed-term leasehold. This is a system based on a contract between the landowner and the developer, and the developer is rewarded by the landlord and performs long-term duties as a managed landlord.
Next, a large number of co-owners, who are tenants with fixed-term leasehold, establish a management union corporation in accordance with Article 47 of the Co-ownership Law, and the management union corporation becomes a joint and several debtor of each co-owner as a management tenant. The management union corporation directly fulfills the land rent collection obligations and other obligations under the lease agreement from each section owner, and entrusts all management work to the management company. The entrusted management company will act on behalf of the managed landlord and will perform all litigation and fulfillment of the lease agreement, including clearing operations after the expiration of the term of the fixed-term leasehold. On the other hand, the management union corporation has concluded an audit contract with an audit corporation for the purpose of holding and managing a large amount of funds related to the system, and the audit corporation has been conducting annual accounting audits. Audit and submit an audit report to the management site person. The audit firm also plays a leading role in the liquidation work at the end of the lease term.

Collected from the owner, subscribe to fire / earthquake insurance for the common part of the building, repair it with insurance money if it is half or partial loss, and classify it if it is short of insurance money. The owners will share the shortage and repair the common areas. In the event of a total loss, the lease shall be canceled at that time, even during the term of the fixed-term lease, the building shall be removed and vacant with part of the insurance money, and the remainder of the insurance money shall be distributed to the class owner. The method of claim 1, 2, 3, 4, 5, 6, 7, 8, 9, 1
This is a fixed-term leasehold right setting contract system described in 0, 11 or 12.

In order to deal with disasters such as a great earthquake or fire,
The management union corporation is a member of the property and casualty insurance company.
Conclude an earthquake insurance contract and the management union corporation will collect and pay from the section owner accordingly. When a disaster actually occurs, the management union corporation receives insurance money according to the half or partial loss recognized by the non-life insurance company based on the damage recognition standard in accordance with the national disaster damage unification recognition standard. The common areas of the building will be restored. If the received amount is less than the restoration cost, the shortage will be collected from the section owner and used for restoration.

On the other hand, when it is determined that the property has been completely lost, the term lease agreement is canceled at that time even during the term of the term lease, and the building is removed using a part of the insurance money. Vacant land and return the balance to the owners accordingly. The contract clearing operation is performed by the management association corporation / management company. The landowner shall return the security deposit to the management union corporation within three months after the completion of the building loss registration, subject to the fulfillment of the obligations arising from the fixed leasehold agreement for all the owners. On the other hand, an auditing firm audits whether the clearing procedures of the management union corporation and the management company are appropriate through accounting audits, and plays a leading role in the clearing affairs. When the building is removed and the clearing work is completed, the management association corporation will register for dissolution.

In the event that there is a breach of the leasehold agreement of the co-owner during the term of the fixed-term leasehold right, or a breach of the obligation to clear the building of the co-owner after the expiration of the term, the management association corporation obtains the approval of the board of directors. Claims 1, 2, 3, 4, 5, 6, 7, and 6 in which the litigation is outsourced to a management company, and the management company becomes a party and outsources the litigation to lawyers.
A fixed-term leasehold right setting contract system described in 8, 9, 10, 11, 12 or 13.

In the event of a breach of the leasehold agreement of the co-owner during the term of the fixed-term leasehold right and various problems with the other party, the management union corporation obtains the approval of the board of directors and transfers the litigation to the management company. To entrust. In addition, if some co-owners violate the obligation to vacate the building for the purpose of liquidation after the expiration of their term, the security will not be returned by the landlord and will be against the interests of most other co-owners. In such cases, the litigation is outsourced to the management company. The management company becomes a party by itself and entrusts lawyers to carry out the lawsuit.

Outline of the fixed-term lease agreement contract system so that the ready-made application software can output to the computer screen, lump sums related to land utilization under the system, profitability, inheritance tax calculation, contract duration, and contract Projects that explain the role of each system at the time of termination, other condominiums with fixed-term leasehold rights, conventional rental condominium systems, equivalent exchange systems, landowner introduction systems, feasibility of commercialization, proposals, land use centers A program that calculates information on the above, such as how to proceed, and responds to questions from landlords, developers, construction companies, design offices, real estate offices, specialists such as tax accountants, and responds in dialog format is recorded for each hierarchy Computer software.

FIG. 1 is a system diagram showing the whole of the present invention.
In FIG. 1, when the top page is opened, items such as "land utilization with no funds", "system", "compared with other land utilization", "utilize such land" and "how to proceed with business" are described. This is the first hierarchy. Clicking on each of these items will bring up the second level. FIG.
6 to 6 show specific examples. The first to fourth layers are prepared. When looking at the third and lower layers, if a password is received and specific conditions are input and transmitted, a specific answer is calculated and returned. Dialog format. Make it on the homepage on the Internet and open it to the public. The purpose is to use these materials to make proposals to landlords, developers, construction companies, design firms, real estate companies, tax accountants and other professionals, and to conclude contracts.

Experts such as landowners, developers, construction companies, design firms, real estate companies, tax accountants, etc., should fill in the following items specifically and request an approximate calculation by e-mail or the like. It is possible to receive a response that specifically shows the conditions and amount. In addition, since the answer is immediately answered by a computer program, it is possible to pursue a study before the interest is lessened, and the execution rate naturally increases. Specific items are the location of the land, the name of the owner, the site area, and the like. As a result, it is possible to view and print out the answers required along with specific figures such as the outline of this system, basic materials for calculation, business balance, inheritance tax savings amount, etc. on a computer screen.

[0052]

According to the term lease agreement contract system of the present invention, the landowner does not sell the land and can use the land very effectively with zero funds, in common with claims 1 to 6. A co-owner can acquire a co-owned building at about 75% of the price of a condominium sale condominium contract without unnecessary land ownership. Thus, there is an advantageous effect for both.

Since the condominium ownership with condominiums is subject to the zoning law, repair, rebuilding and other businesses must be decided by majority vote, making actual processing difficult. In the system of the present invention, the sectional ownership law is also applied, but at the same time, the leasehold tenancy law is applied. Therefore, according to the term lease agreement contract system of the present invention, a large scale The repair and restoration business is clearly spelled out in the contract for establishing fixed-term leasehold at the time of the sales contract, which allows the business to be carried out without difficulty. In other words, the Leasehold Lease Law is used to rectify the deficiencies in the sectional ownership law and easily solve the condominium problem.
At the same time, it has the effect of solving land problems, housing problems, and urban problems.

[Brief description of the drawings]

FIG. 1 is a system diagram showing an entire term lease contract setting system according to the present invention.

FIG. 2 is a conceptual diagram showing the basis of the land use method according to the present invention.

FIG. 3 is a conceptual diagram showing an arrangement of each system in each stage from the beginning to the end of the system of the present invention.

FIG. 4 is a conceptual diagram showing a comparison between a conventional system and the present invention system.

FIG. 5 is a conceptual diagram showing a specific example of a solution according to the present invention for solving various problems.

FIG. 6 is an explanatory diagram of how to proceed with a business according to the present invention.

Claims (15)

[Claims] (1) In accordance with the provisions of the Settlement Ownership Transfer Agreement set forth in the Term Leasehold Establishment Agreement, the landowner makes a provisional registration of the Termination Ownership Transfer on behalf of the Section Owner, and the term Leasehold Expiration 2
A year ago the landowner decided whether to continue using or removing the apartment,
In the case of continuous use, at the end of the lease term, the landowner buys the co-owned building from the co-owner at 15% of the original sale price, and in the case of removal, the land owner transfers the co-owned building from the co-owner free of charge at the end of the lease. A condominium sales contract system with fixed-term leasehold that requires the above steps as essential requirements. 2. The landlord has concluded an agreement to collectively establish fixed-term leasehold for the developer, the developer has a lump-sum liability and a rent-payment obligation to the landowner, and the developer has a notarized certificate of the fixed-term leasehold agreement. Claim 1 characterized by the fact that a sales contract is concluded with each division owner by using, and after the sales contract is completed, a legal relationship is formed with the management union corporation that put together the individual division owners. Term lease agreement agreement system. Claim 3 When the contract is concluded, the landowner collectively receives a security deposit from the developer and the developer receives the security deposit from the co-owner by selling the condominium, and separates the right to claim the refund for the settlement of the remaining debt upon the expiration of the term lease right. The landowner issues a security deposit certificate to secure the owner, and also registers the land right for the developer during the construction of the building, deletes the mortgage right before the building is completed, and replaces the land right with the land instead. 3. The fixed-term leasehold right setting contract system according to claim 1 or 2, wherein registration as a right for the sectional owner is a further essential requirement. [4] A clearing fund is collectively collected from the owners as a clearing fund in order to remove the building upon expiration of the fixed-term leasehold right when the sales contract is concluded and managed as an independent account. The method according to claim 1, 2, or 3, wherein in addition to the expenses for removing the building, the expenses for dispute settlement during the lease period are entrusted to an audit corporation to audit the liquidation processing fund. Leasehold setting contract system. 5. The fixed-term leasehold according to claim 1, 2, 3 or 4, wherein the reserve for repairs is collectively collected at the time of conclusion of the sales contract and collectively from the sectional owners each month, and is provided as an independent account. Setting contract system. 6. The land rent is divided into a rent for exclusive use area and a rent for parking lot, and the management union corporation collects 6 months of the rent for exclusive use area as a rent payment reserve from the section owner, and uses a part of it to make a fixed amount. 6. The fixed-term lease agreement setting system according to claim 1, wherein an independent rent system is operated as independent accounting for paying the rent to the landowner. 7. When a condominium construction site belongs to a plurality of landowners, a real estate appraiser evaluates each of the plurality of lands, establishes a trust company based on the evaluation value, and establishes a trust company with the trust company. Claims characterized by entering into a trust agreement with the land subject to the expiration of the fixed-term land right or fixed-term lease, registering the trust land in the name of the trust company, and making the trust company a shareholder of multiple landowners. 1,2,3,4,5
Or, the fixed-term leasehold setting contract system according to 6. 8. The land heir transfers the ownership of the land to a pre-established family company within three years and ten months after the inheritance occurs, and the family company establishes a fixed term lease for the developer, and In exchange, a lump sum is received from the developer, and the family company acquires a section ownership of a part of the condominium with fixed-term lease using the lump sum, and rent income and rent income are obtained therefrom. Item 7. The contract system with fixed-term leasehold right according to item 1, 2, 3, 4, 5, 6, or 7. 9. A joint venture agreement for land owned by a parent company, such as a public enterprise or a large company, on the condition of the expiration of fixed-term leasehold or fixed-term lease on behalf of an affiliated company of the parent company, and is a trustee. The affiliate also enters into a fixed-term lease agreement with the developer to receive a lump sum, a right and a security deposit, and use the lump sum to acquire a portion of the building constructed by the developer and rent it. The rent income and the rent income are obtained as a result, and a part of these incomes is distributed to a parent company such as a public enterprise or a large company and returned to the parent company. The term lease agreement setting contract system described in. Claim 10: A trust agreement is automatically renewed with the trust bank for the land owned by the government, local governments, special corporations, etc. every predetermined period, and the land is registered in trust under the name of the trust bank. In addition, a fixed-term lease agreement is concluded with the developer to receive a lump sum, that is, a right deposit and a security deposit, and deliver the lump sum to the government, local governments, special corporations, etc. Using a lump-sum payment to acquire a part of a building constructed by a developer for public facilities or for rent, and to obtain rent income and rent income.
Or the fixed-term leasehold setting contract system according to 7. 11. The removal of the building 50 years later is an option, and the members with high physical durability are used for both the structural part and the interior equipment part of the building with a view to continuously using the building 50 years later. The design is such that the floor plan of the building can be easily changed, and the environment of the building is designed to maintain physical and mental health, thereby suppressing a decrease in the physical and social value of the building. Claims 1, 2, 3, 4, 5, 6,
The fixed-term leasehold setting contract system according to 7, 8, 9 or 10. 12. Even after the sale of the building, the developer will continue to act as a landlord and will cooperate with the management company from the landowner's point of view during and after the term of the fixed-term leasehold. A management union corporation shall be established in accordance with the Article, and the management union corporation shall act as a joint borrower of each division owner as a management renter and entrust all management affairs to the management company, and the management company will act on behalf of the management renter. Litigation and the execution of all operations for fulfilling the lease agreement, including the clearing operation after the expiration of the term of the fixed term lease right. -Claims 1 and 2 characterized in that the management company audits the fulfillment of obligations under the lease agreement and submits an audit report to the management union corporation.
The fixed-term leasehold setting contract system according to 3, 4, 5, 6, 7, 8, 9, 10, or 11. Claim 13: Collect fire and earthquake insurance for common areas of the building by collecting from the section owners, repair the insurance with insurance money in case of half loss or partial loss, and in case of shortage, each of the section owners Will pay for the shortfall, repair the common area, and in the event of a total loss, cancel the lease at that time, even within the term of the fixed-term lease, and remove and renew the building with a portion of the insurance money. 13. The fixed-term leasehold according to claim 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, or 12, wherein the balance of the insurance money is distributed to the section owner. Setting contract system. (14) In the event of a breach of the leasehold agreement of the co-owner during the term of the fixed-term leasehold right, or a breach of the obligation to clear the building of the co-owner after the expiration of the term, the management union corporation shall approve the Board of Directors' approval. And outsource litigation to a management company,
Claim 1, 2, 3, 4, 5, 6, 7, 7, wherein the management company acts as a party and entrusts lawyers to carry out the lawsuit.
The fixed-term leasehold setting contract system according to 8, 9, 10, 11, 12, or 13. 15. An outline of a fixed-term lease agreement contract system so that ready-made application software can be output to a computer screen, lump sums related to land utilization under the system, profitability, inheritance tax calculation, contract life, Explain the role of each system at the end of the contract, the other types of condominiums with fixed-term leasehold, the conventional rental condominium system, equivalent exchange system, landlord introduction system, feasibility of commercialization, proposal, land use center Programs that respond to the questions from landlords, developers, construction companies, design firms, real estate companies, and specialists such as tax accountants based on the above information, such as how to proceed with the business, and respond in dialogue form are recorded for each hierarchy. Computer software.