토지소유권과 건물소유권의 이원적 체계에 관한 연혁적 고찰

한국에서 토지와 건물의 소유권을 분리한 법체계의 형성과 문제를 살폈다.

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 historical 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 four parts including the instruction. The second part reviews the real estate ownership and the customary law from the Kingdom of Chosun(l392-1910) up to now. Until Old-Korean Empire(l893-1905) 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 third part reviews the real estate ownership or the customary law from the Origins of the Modern Japanese State(Meiji s Reform) to the present time. The Japanese Civil Code was enacted on April 27, 1896 and entered into force on July 16, 1898. It was through this legislation that 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.