Date of Judgment: December 18, 2017 Case Number: 2017 (Ju) No. 84 (Supreme Court, First Petty Bench) Introduction The governance of condominium associations in Japan often involves a two-step process for selecting its leadership: unit owners at a general meeting elect a board of directors, and then these elected directors,

Date of Judgment: March 22, 2001 Case Number: 1998 (O) No. 127 (Supreme Court, First Petty Bench) Introduction In Japanese condominiums, the smooth operation and maintenance of the building rely heavily on the timely payment of management fees, repair reserve contributions, and other necessary charges by unit owners. When a

Date of Judgment: July 10, 1986 Case Number: 1983 (O) No. 582 (Supreme Court, First Petty Bench) Introduction Living in a condominium involves navigating the complexities of shared ownership and collective management of common areas. Disputes often arise when alterations or fixtures are made to these common areas, especially if

Date of Judgment: September 18, 2015 Case Number: 2013 (Ju) No. 843 (Supreme Court, Second Petty Bench) Introduction Condominiums, by their nature, involve a blend of private and shared spaces. While individual units are privately owned, common areas such as rooftops, exterior walls, lobbies, and grounds are co-owned by all

Date of Judgment: October 22, 1998 Case Number: 1996 (O) No. 1559 (Supreme Court, First Petty Bench) Introduction In condominium living, the use of common areas, particularly parking spaces, often becomes a complex issue. In Japan, a common practice in older condominium developments involved the developer, at the time of

Date of Judgment: December 16, 2005 Case Number: 2004 (Ju) No. 1573 (Supreme Court, Second Petty Bench) Introduction The obligations of a tenant upon vacating a leased property, particularly concerning the state of repair and who bears the cost, are a frequent source of contention in landlord-tenant relationships worldwide. In

Date of Judgment: January 30, 1981 Case: Supreme Court of Japan, 1980 (O) No. 747 – Action for Declaratory Judgment of Non-Existence of Exclusive Parking Use Right The allocation of parking spaces in condominium developments is a common source of interest and, at times, dispute among unit owners. Various methods have

Date of Judgment: November 12, 1996 Case: Supreme Court of Japan, 1996 (O) No. 1056 – Claim for Damages, etc. Modern commercial transactions often involve multiple agreements that, while formally distinct, are intrinsically linked to achieve a single overarching economic purpose. A crucial question arises when one of these linked contracts

Date of Judgment: November 18, 2004 Case: Supreme Court of Japan, 2004 (Ju) No. 482 – Claim for Damages In the complex world of real estate transactions, particularly during volatile market conditions, the information held by a seller regarding its future sales strategies can be of critical importance to a buyer.

Date of Judgment: September 16, 2005 Case: Supreme Court of Japan, 2004 (Ju) No. 1847 – Claim for Damages When purchasing a property, especially a high-value condominium, buyers rightly expect not only to receive the physical space but also crucial information pertinent to its safe and proper use. This is particularly

Date of Judgment: September 18, 1984 Case: Supreme Court of Japan, 1984 (O) No. 152 – Claim for Damages The dance of contract negotiation is a familiar one in the business world. Parties explore possibilities, exchange information, and move towards a potential agreement. But what happens when one party, after significant

Date of Judgment: July 17, 1981 Case: Supreme Court of Japan, 1980 (O) No. 554 – Claim for Cancellation of Ownership Preservation Registration, etc. In multi-unit condominium buildings, the delineation between privately owned "exclusive parts" and communally owned "common parts" is a frequent source of legal contention.

Date of Judgment: February 12, 1993 Case: Supreme Court of Japan, 1990 (O) No. 1369 – Claim for Cancellation of Ownership Preservation Registration, etc. In the realm of co-owned properties like condominiums, the distinction between what constitutes an individual owner’s private space and what is designated as a common area

Tokyo, Japan - A significant ruling by the Supreme Court of Japan on March 21, 2000, addressed a pervasive issue in condominium living: determining whether a branch drainpipe, particularly one with an unusual configuration, constitutes an exclusive-use part or a common area. This decision offers crucial guidance on the classification

Tokyo, Japan - A seminal decision by the Supreme Court of Japan, delivered on April 10, 1975, continues to offer crucial insights into the complexities of condominium law, particularly concerning the classification of balconies and the extent to which residents can alter them. This case, involving a dispute over unauthorized

Date of Judgment: September 8, 2015 Case: General Medical Expenses Payment Application Dismissal Disposition Revocation, etc. Claim Case Court: Supreme Court of Japan, Third Petty Bench Introduction: The Enduring Legacy of the Atomic Bombings The atomic bombings of Hiroshima and Nagasaki in 1945 left a uniquely devastating legacy, not only

Date of Judgment: March 13, 1997 Case: Various Damages Claim Case (Siberian Internment Case) Court: Supreme Court of Japan, First Petty Bench Introduction: The Enduring Quest for Justice After War The Second World War left indelible scars across the globe, not only in terms of geopolitical shifts but also through

Date of Judgment: November 1, 2005 Case: City Road Area Designation Revocation, etc. Claim Case Court: Supreme Court of Japan, Third Petty Bench Introduction: The Weight of Waiting – Planning Blight Over Decades City planning is an essential function of modern governance, aiming to guide urban development in an orderly and

Date of Judgment: November 27, 1968 Case: Case Concerning Violation of the Rivers Vicinity Land Restriction Ordinance Court: Supreme Court of Japan, Grand Bench Introduction: When Regulation Inflicts Extraordinary Loss Governments routinely enact regulations for the public welfare—to manage resources, ensure safety, or protect the environment. Generally, citizens are

Date of Judgment: June 26, 1963 Case: Case Concerning a Violation of the Ordinance on the Preservation of Reservoirs Court: Supreme Court of Japan, Grand Bench Introduction: Balancing Public Safety and Private Property The exercise of private property rights, while a cornerstone of modern legal systems, is rarely absolute. A

Date of Judgment: October 18, 1973 Case: Land Expropriation Compensation Claim Case Court: Supreme Court of Japan, First Petty Bench Introduction: The Dilemma of Planning Restrictions and Fair Value When private land is earmarked for a public project, such as a new road or city development, a complex situation often

Date of Judgment: July 13, 1949 Case: Food Management Act Violation Case Court: Supreme Court of Japan, Grand Bench Introduction: Scarcity, Control, and Constitutional Rights in Post-War Japan The immediate post-World War II period in Japan was marked by severe food shortages and a crippled economy. To manage the crisis

Date of Judgment: December 23, 1953 Case: Appeal Against Farmland Expropriation Court: Supreme Court of Japan, Grand Bench Introduction: Seeds of Change in Post-War Japan The years following World War II were a period of profound socio-economic restructuring in Japan. Among the most sweeping reforms was the extensive land reform

Date of Judgment: February 18, 1983 Case: Loss Compensation Ruling Revocation Request Case Court: Supreme Court of Japan, Second Petty Bench Introduction Businesses operating in developed nations often encounter situations where public infrastructure projects interact with their existing operations. A crucial question that can arise is who bears the financial

Date of Judgment: May 30, 1972 Court: Supreme Court of Japan, Third Petty Bench Case Number: 1969 (O) No. 649 This article delves into a significant Japanese Supreme Court decision concerning the rights of property owners whose buildings are intentionally destroyed by fire authorities to prevent the spread of a