purposes, or where there are two or more intended users compe ng for the right to use the same lot of land
.
The crea on of a right to use a lot of land for construc on purposes by way of gratuitous grant is strictly
restricted.
Ar cle 348 Where a right to use a lot of land for construc on purposes is created through bidding, auc on,
agreement, or other means of transfer, the par es shall enter into a contract in wri ng for the transfer of the
right to use the lot of land for construc on purposes.
A contract for the transfer of the right to use a lot of land for construc on purposes generally contains the
following clauses:
(1) the name and address of each party;
(2) the metes and bounds and area of the lot of land;
(3) the space occupied by the buildings, structures, and the auxiliary facili es thereof;
(4) the planned use and zoning condi ons of the lot;
(5) the term of the right to use the lot of land for construc on purposes; (6) the transfer fee (6) and other
fees, and the mode of payment thereof; and
(7) the means of dispute resolu on.
Ar cle 349 To create a right to use a lot of land for construc on purposes, applica on shall be led with the
registra on authority for the registra on of the right. The right to use a lot of land for construc on purposes
is created upon registra on. The registra on authority shall issue a tle cer cate to the person en tled to
the right.
Ar cle 350 A person who has the right to use a lot of land for construc on purposes shall make reasonable
use of the lot and may not change its planned use. Where it is necessary to change the planned use of the
lot, approval shall be obtained from the competent administra ve department in accordance with law.
Ar cle 351 A person who has the right to use a lot of land for construc on purposes shall pay the transfer fee
and other fees in accordance with law and the contract.
Ar cle 352 The ownership of buildings, structures, and auxiliary facili es thereof constructed by a person
with the right to use the lot of land for construc on purposes belongs to the person, unless it is proved by
evidence to the contrary.
Ar cle 353 Unless otherwise provided by law, the persons with a right to use a lot of land for construc on
purposes are en tled to transfer, exchange, o er as capital contribu on, give away as a gi , or mortgage
their rights.
Ar cle 354 Where a right to use a lot of land for construc on purposes is transferred, exchanged, o ered as
capital contribu on, given away as a gi , or mortgaged, the par es shall enter into a contract thereon in
wri ng. The term of the use shall be agreed upon by the par es, provided that it may not exceed the
remaining term of the right to use the lot of land for construc on purposes.
Ar cle 355 Where a right to use a lot of land for construc on purposes is transferred, exchanged, o ered as
capital contribu on, or given away as a gi , an applica on for registra on of the change shall be led with
the registra on authority.
Ar cle 356 Where a right to use a lot of land for construc on purposes is transferred, exchanged, o ered as
capital contribu on, or given away as a gi , the buildings, structures, and auxiliary facili es thereof a ached
to the land shall be disposed of concomitantly.
Ar cle 357 Where a building or structure, and auxiliary facili es thereof are transferred, exchanged, o ered
as capital contribu on, or given away as a gi , the right to use the lot of land for construc on purposes in
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