朝鮮時代의 土地所有權 證明制度에 관한 考察

• 영문명: Study on Possessive Rights Verification System in The Joseon Dynasty
• 발행기관: 한국집합건물법학회
• 저자명: 황정수(Hwang, Jeong-Soo) 정상현(Jung, Sang-Hyun)
• 간행물 정보: 『집합건물법학』제2집, 135~165쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

It was possible to sell, lease, pledge or inherit the private fields which were acknowledged as proprietary possessive rights, however, at the outset of Joseon (Lee Dynasty) foundation, all other disposals of land than inheritance were restricted because it was the beginning time of implementing despotic reform through Gwajeonlaw. Land transactions were made in secret in spite of prohibition order and the transaction money was forfeited by the governmental bodies if revealed. Nevertheless, most of those who sold their land were in very poor and hard situations so that they had to dispose their land to raise money for their parents business or reimbursement of debt. It was too severe for the authorities to confiscate sales money of land from such poor people and also there was a limit for the authorities to completely prohibit social practise of proprietory ownership which had continued from the previous age. In March of Sejong 6th year (1412), the society of Joseon raised a suggestion to change regulations on field sales prohibition in order to allow sales of fields and finally, the Dynasty started to permit land sales. This means that the total prohibition regulations of land sales under Gwajeonlaw was collapsed and then legitimate sales, though limited, started to be allowed. Meantime, it was a principle to acknowledge and verify ownership of land in writing during Joseon Age and such acknowledgement was confirmed and protected by the government and any dispute in connection with land ownership could be settled by resolution criteria prepared by the government. Such criteria include not only official books such as Jeonan, Yangan, Sujoan and Yeonggi but also private ones such as title documents. Official books including Sujoan as well as Yangan did not indicate changes of owners but showed existing owners only. Usually individuals proved his ownership with a certificate like Ipan, Ipji or Jongmun issued by the authorities or with a private document. Therefore, it was important to record that ownership transfer was made legitimately and truly and then to report the authorities about such fact to obtain certificates on such ownership transfer owing to sales or inheritance. Concentrated upon Mungi which was a contractual document proving ownership and a drafting system which needed a report to the authorities to get their notarial act after signing a contract, we have looked into the ownership verification system of our traditional law which had been implemented before our modern real estate registration system was introduced. Necessity of confirmation and control of ownership transfer required a new verification system owing to disorder of land system at the end of Joseon Age, and there occurred land ownership problems in residential area of foreign people since port opening in 1876. In this connection, a new system of housecotract and landcontact existed from 1893 to 1906, which could be said as the system during transition period of modernization of our registration system.

목차

Ⅰ. 서설

Ⅱ. 조선시대의 소유권증명제도

Ⅲ. 개항 이후 소유권증명제도

Ⅳ. 결론

참고문헌

키워드

文記 立案制度 量案 科田法 家契制度 地契制度 土地․ 家屋 證明規則 Mungi a contractual document proving ownership Ipan: a report to the authorities to get their notarial act a register of land Gwajeonlaw system of housecotract system of and landcontact land-house verificationlaw