몽골의 부동산 소유권

Abstract

Mongolia is a nomadic tribe and has maintained a pastoral life. Pasture is the most important part of this life, and livestock must be raised freely by selecting pastures for the four seasons to maintain their living. Thus, Mongolia's land has long been state-owned and has been protected. During the more than 200 years of Manchurian rule from 1691 to 1921, the Great Mongol Empire, which once conquered Europe, learned that if land was taken away, the freedom of the state and its people would be taken away. The Mongolian state, which gained independence with the help of Russia, introduced a collective labor method as a socialist state for 60 years until 1990, and permanently banned foreign ownership of all land in Mongolia. Real estate and livestock, including land, were collectively owned within Mongolia's borders. Mongolia began granting land ownership to individuals in the transition from a socialist society to a democratic society in 1990. Individual property began to be introduced into transactions and economic distribution since then, legally guaranteeing individual and corporate ownership of real estate. As the value of land continues to rise, the real estate transaction cycle in which the state and the people gain economic benefits is becoming active. Currently, Mongolians have the right to own a certain size of land indefinitely and free of charge upon birth, and all land other than privately owned land is owned by the state. Citizens want to own additional fighting power other than free-of-charge land, of course, but Mongolians and Mongolian corporations may occupy and use land by contract according to the purpose and conditions prescribed by law. In other words, Mongolia recognizes the right relationship of the right to occupy and use land in addition to the ownership of land. In addition, in Mongolia, under the current law, foreigners and foreign corporations do not have the right to own real estate, including land, but only have the right to use it for a certain period of time and according to the set purposes and conditions. In accordance with the Mongolian Registration Act, buildings built on land other than collective buildings are registered as real estate separate from the land, but in accordance with Mongolian Civil Law, the owners of the land and the buildings on it must be the same. In other words, there are two registers and one person is required. These regulations are seen as a rule that follows the principle of Roman law that superfics solido cedit. In addition, Mongolia recognizes superficies, and accordingly, the right to build and occupy buildings on multi-person land is recognized until 1999. The Mongolian real estate ownership system with these characteristics is mentioned as a number of issues in modern Mongolian society, and I would like to discuss these issues in comparison with the same system in Korea.