民統線지역내 未登記土地相續人의 權利回復 : 이른바 '조상땅 찾기'에 관한 判例 및 事例를 中心으로 = The Claim of Property Right by Heirs to Unrecorded Estate in the Area of the Mintong Zone

국문 초록 (Abstract)

영문초록 :The purpose of this study is to introduce and summarize various issues on legal procedures to recover the right of inheritance, i.e. how the ownership could be claimed and the due right could be recovered on real estate as many as 68.65 million pyeong without owner, that is the real estate whose inheritance is not registered, and the various cadastral registers which can be cited by the rightful persons. To effectively attain the study purpose, the location scope is limited to the land located north of the Civilian Control Line, and the time is limited to materials prepared by the Chosun Government-General during the Japanese rule such as land research register, cadastral map, forest research register etc. which may be considered as public registers such as real estate registers burnt or lost during the Korean war. Centering on the judicial cases disputed in the Korean court, the controversial evidences, the plaintiff's assertion, the defendant or Republic of Korea's reputation, the (supreme) court's judgment etc. have been analyzed. As the result, the following have been confirmed: First, in case owner is enlisted in the land research register, forest research register etc. prepared during the Japanese rule in addition to the lost real estate register, or second, owner is enlisted in the cadastral map and other reasons which can prove ownership such as close relevance to the pertinent land and the ownership may be recognized although not registered in the said land research register or forest research register, or third, in case it's difficult to admit ownership in the land research register or forest research register, completion of acquisitive prescription may be asserted based on the situation that the land has been owned for intention of owning. Fourth, even though the Republic of Korea has completed ownership preservation registration in the name of the "government" through public notice of land without owner under the national property law, the preservation registration is invalid cause. Furthermore, even though the government has occupied and controled the land by transferring the land into the public facilities including road after preservation registration without authority, it is impossible for the government to assert completion of acquisitive prescription. It was regretful that there was almost no literature arranging such things and there was no choice but to depend on the (supreme) court's judgment and practices. On the other hand, it is also regretful that a lot of inheritors still don't know they can recover ownership through such procedures. The "recovery of ancestors' land" recently dealt with by the press is limited to the cases that the ancestors' (largely limited to one generation) names are input by the computerized administrative network. It goes without saying that the cases reviewed in this study can't be confirmed or grasped through the said computer network. Everything should return to the right way. To make every property return to the right owner, it is expected that the government will disclose continuous, wide-ranged information on the real estate without owners through pertinent government agencies such as cities, guns and districts so that the citizens may have access to the related documents on the inherited land. For the time being it's impossible for general citizens to check the information on the real estate without owner, concretely the lot number. And any claim for disclosure of information is expected to be refused to some extent. Any claim through the court can't guarantee the possibility of winning the lawsuit at an accelerated burden of expenses and time