土地所有權과 建物所有權의 二元的 體系에 관한 法制史的 考察

• 영문명: A Legal historical Study on the Dual Legal System of Real Estate Ownership in Korea
• 발행기관: 한국부동산법학회
• 저자명: 정우형(Woo-Hyung Cheong)
• 간행물 정보: 『부동산법학』부동산법학 제11집, 85~109쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

In Western countries, land and buildings are an integral part of real property. But in Oriental countries, such as Japan and Korea, for land and buildings are treated as a separate and independent object. The study aims to analyse historically the legal system of real estate ownership in Korea. It purposes both to review the establishment process of the present real estate ownership and to indicate its problems. The study consists of five parts including the instruction. The second and the third part reviews the real estate ownership and the customary law from the Kingdom of Chosun up to now. Until Daehan Empire(Old-Korean Empire) the real estate ownership had been only one. But the ownership of land and building were separated from the real estate ownership under the Japanese imperialistic rule. The fourth part reviews the dual legal system of real estate ownership was enforced in their country. In Japan, the ownership in this context means the dual legal system of real estate ownership, for the land and buildings are separate and independent immovables. Finally, I conclude that the real estate ownership in Korea was formed by the Japanese occupation and annexation, not to adopt western law and to realize ours customary law.

목차

Ⅰ. 서론

Ⅱ. 朝鮮時代 土地와 建物의 所有權 體系

Ⅲ. 大韓帝國期 土地와 建物의 所有權 體系 變化

Ⅳ. 土地와 建物의 二元的 所有權 體系 繼受

Ⅴ. 結論

【참고문헌】

【ABSTRACT】