ScholarWorks@숙명여자대학교

초록

In Korea, modern land ownership was completed through the Japanese occupation, but land registration ledgers of Gyeonggi-do and Gangwon-do were extinguished during the Korean war. Thus, the land registration ledger was restored after the war. However, the restoration was arbitrary by a competent authority for administrative convenience without legal grounds before December 31, 1975, the Cadastral Act was revised. Thus, its presumptive effect for the rights is denied. Because of this, lawsuits have occurred for the termination of the title of ownership registration for a forestry against Korean government. However, there is confusion about the time of establishment of forestry ownership because of a lack of studies to determine the time. In particular, there was obvious confusion about the forest listed in the Land Survey Book prior to the Land Survey Decree on August 13, 1912. Therefore, through the analysis of various literature in this study, we looked into the time of establishment of forest ownership during the Japanese occupation. In the Joseon Dynasty, when looking into various literature, including the Gyeonggukdaejeon, the ownership of forestry was denied, and only the right to use was recognized when a tomb was installed. The Korean Supreme Court has opinion that the person who has been assessed by the Forestry Investigation Decree promulgated on May 1, 1918 acquired ownership, and all previous rights against it are extinguished. According to 『Real Estate Certificate by the Joseon Real Estate Order, etc. [Enacted May 20, 2003 (Enforcement of No. 200305-7)]] and the opinion of Korean Supreme Court, if the ownership was registered in the former land register before the former Land Book Rule was implemented, it cannot be convinced that the ownership was completed. Taken together these facts with the objective of the Joseon Real Estate Decree and the Joseon Real Estate Regulation, it should be considered that the time of establishment of forest ownership in Korea was after the Forestry Investigation Decree.

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