법무연구 3권(2012.3)
조선시대 부동산소유권 증명제도에 관한 고찰 / 황정수 325 [Abstract] Study on Possessive Rights Verification System in Joseon Dynasty 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.
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