土地所有權과 建物所有權의 二元的 體系에 관한 法制史的 考察

A Legal historical Study on the Dual Legal System of Real Estate Ownership in Korea

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 historically 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 five parts including the instruction. The second and the third part reviews the real estate ownership and the customary law from the Kingdom of Chosun up to now. Until Daehan Empire(Old-Korean Empire) 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 fourth part reviews 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.