일본의 소유자불명토지에 대한 입법적 대응

일본의 소유자불명토지 문제와 관련 입법 대응을 분석하였다.

In the background of the problem of unknown landowners, there is a fundamental and structural problem of slowing economic growth and the arrival of a declining society. Due to the effects of population decline and aging, population movement to cities, and economic growth deterioration due to low fertility, the weakening of land ownership consciousness and the decrease in demand for land use in underpopulated areas lead to the increase of neglected land, resulting in the valuelessness of real estate. In addition, there is a high probability that unidentified land will be generated due to problems such as unregistered inheritance, and it can become a social problem.

In the case of Japan, unknown landowners were not recognized as a social problem in the past, but in the process of disaster recovery after the Great East Japan Earthquake in 2011, it became a big social problem due to delays in business due to unknown landowners. The legal response to the problem of unknown landowners in Japan was examined in terms of prevention, utilization and management of the occurrence, and it can be divided as follows: First, it is related to the management, utilization and utilization of unknown landowners.

In this regard, there were problems such as the absentee property management system, the expropriation system, and the summary execution system for vacant houses, which enable public acquisition of unknown land, Second, it is related to the prevention of the occurrence of unknown land. In this regard, it has become a problem to prepare countermeasures against the problem of unregistered inheritance, which is considered to be a major factor in the occurrence of unknown land owners.

In addition, when there is a manager in reality but the ownership relationship becomes unclear, how to integrate the rights relationship with the manager of reality, the person who intends to manage or use is also considered as an important issue. In this regard, the possibility of renunciation of ownership and institutionalization became a problem. This comprehensive and systematic legal response to the problem of unknown landowners in Japan will be a great deal of suggestions for the future legal reform of our legal system.