Page:The Civil code of Japan (IA cu31924069576704).pdf/121

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386.

A creditor who has demanded a sale by auction according to Art. 384 can withdraw his demand only with the consent of the other registered creditors.

387.

If the mortgagee has not within the period specified in Art. 382 received payment from the debtor or a notice for the removal of the mortgage, he may demand a sale by auction of the immovable mortgaged.

388.

If the land and the buildings on it belong to the same owner, but the mortgage is on the land only or on the buildings only, it is considered that the mortgagor has created a superficies for the case of a sale by auction.

In such case the ground rent is to be fixed by the court on the application of any party interested.

389.

If the mortgagor after the creation of the mortgage has erected a building on the land mortgaged, the mortgagee may have such building sold with the land; but he can exercise his right of priority only against the price obtained for the land.

390.

The purchaser[1] may bid for the immovable at the auction.

391.

If the purchaser has incurred necessary or beneficial

  1. ↑ i. e. the purchaser mentioned in Art. 378.
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