창원군 토지조사사업에서 소유권 분쟁의 유형과 성격

Abstract

The Japanese gave legal effect to land on the basis of Japanese civil law,conducting land survey in Korea. In the process not a few disputes arose. This paper analyzed the aspects of the then existing disputes, analyzing the review documents of lands in dispute in Changweon province. It aimed to analyze the disputes between state-owned and private landholdings and between private landholdings. The disputes between state-owned and private landholdings were the cases that temporary land survey bureau judged the ownerships in land notification suspicious and filed complaints: mainly new assart, state-owned land in state-owned land cadastre, squatting land on the road, and so forth. In these cases there were lands that were converted into private landholdings in these cases, but most lands were judged state-owned, placing state-owned land register and the actual land situation above documentary evidence to prove the private land. The disputes in private landholdings were between the Koreans and between the Japanese and the Koreans. The disputes between the Koreans were those between the owners on documents and the men of possessory title to land, and the former was recognized as owners. The disputes between the Koreans and between the Japanese arose mainly in lands sold on the black market, but the ownerships of the Japanese were recognized, though the representative nature of seller was problematic. While the Japanese were large landlords, residents were reduced to small holders or landless peasants. As the property rights were granted by the colonial power, they were likely to be restricted according to its need.