사당의 법적 성격과 귀속주체

• 영문명: Legal Character and a Successor of an Ancestral Shrine
• 발행기관: 한국가족법학회
• 저자명: 김상훈(Sanghoon Kim)
• 간행물 정보: 『가족법연구』家族法硏究 第23卷 2號, 53~74쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.07.30

영문 초록

An ancestral shrine is the house built for special and unique object, namely ancestor worship. So that is not an attached building of the house including that(so-called "Ipmyokasa") but an independent building. Hence that should be registered separately from "Ipmyokasa". 'Article 1008-3 of the CIVIL ACT' do not enact an ancestral shrine as property for ancestor worship. But that was the starting point of property for ancestor worship and the most typical property for it from historical point of view. Therefore I think that should be regarded as property for ancestor worship in a customary law. An ancestral shrine takes also its own character as property for ancestor worship. This is exempted from inheritance tax, therefore I think that should also be exempted from it. And the CIVIL EXECUTION ACT do not regulate that as things to be excluded from seizure. But I think that should also regulate as those. Properties for ancestor worship including an ancestral shrine has been succeeded by the eldest grandson of the main family conventionally. The meanwhile the Supreme Court has also judged that he is a successor of them without particular situation. But recently a judicial precedent got changed. According this co-inheritors decide a successor of them through conference and if it is not achieved the eldest son or the eldest grandson get to be a successor of them without distinction of legitimate children and illegitimate children. But I think that if it is not achieved court has to determine on a successor of them under a rational judgement in individual cases.

목차

Ⅰ. 머리말

Ⅱ. 사당의 개념과 등기

Ⅲ. 사당의 법적 성격

Ⅳ. 제사용재산으로서의 사당의 독자적 성격

Ⅴ. 사당의 귀속주체

Ⅵ. 맺음말

참고문헌

영문초록

키워드

사당 입묘가사 제사용재산 제사용재산의 승계 종손 an ancestral shrine the house including an ancestral shrine("Ipmyogasa") property for ancestor worship succession of property for ancestor worship the eldest grandson of the main family