not be asserted against a bona de third person.
Ar cle 336 Within the term of contract, the party o ering the contract may not adjust the contracted land.
Under special circumstances such as severe deteriora on on the contracted land caused by natural disasters,
appropriate adjustments shall be made in accordance with the provisions of laws on rural land contrac ng
where necessary.
Ar cle 337 Within the term of contract, the party o ering the contract may not take back the contracted
land, unless otherwise provided by law.
Ar cle 338 Where the contracted land is expropriated, the a ected person with the right to contractual
management of land is en tled to the corresponding compensa on according to the provisions of Ar cle 243
of this Code.
Ar cle 339 A person with the right to contractual management of land may decide on his own to transfer the
right to management of land to others by leasing, contribu ng it as shares, or other means in accordance
with law.
Ar cle 340 Within the me limit as agreed in the contract, the person with the right to management of land
is en tled to possess the rural land, to carry out agricultural produc on and opera on on his own, and to
bene t therefrom.
Ar cle 341 The right to management of land which is transferred for a term of ve years or longer is created
when the contract for the transfer enters into force. The par es may apply to the registra on authority for
registra on of the right to management of land; without registra on, such a right may not be asserted
against a bona de third person.
Ar cle 342 Where rural land is contracted by means including bidding, auc on, or open nego a on, for
which a tle cer cate is obtained through registra on in accordance with law, the right to manage such
land may, in accordance with law, be transferred by means of leasing, contribu ng it as shares, mortgaging,
or by other means.
Ar cle 343 Where contractual management is adopted for the State-owned land that is used for agricultural
purposes, the relevant provisions of this Book shall be applied muta s mutandis.
Chapter XII Right to Use Land for Construc on Purposes
Ar cle 344 With respect to the State-owned land zoned for construc on purposes, a person with the right to
use a lot of such land is en tled to possess, use, and bene t from the lot, and to use it to construct buildings,
structures, and auxiliary facili es.
Ar cle 345 The right to use a lot of land for construc on purposes may be created separately on the surface
of, above, or below the lot of land.
Ar cle 346 The right to use a lot of land for construc on purposes shall be created in conformity with the
requirements for conserva on of resources and protec on of the ecological environment, and in compliance
with the provisions of laws and administra ve regula ons on the planned use of the lot, and may not impair
the rights to usufruct already created thereon.
Ar cle 347 The right to use a lot of land for construc on purposes may be created by way of transfer or
gratuitous grant.
The bidding, auc on, or other means of public bidding shall be adopted in transferring a lot of land used for
business purposes, such as for industrial, commercial, tourism, recrea onal, and commercial residen al
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38
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