自然部落의 財産歸屬關係
Property Reversion Relations of the Natural Village
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This study examined focusing on historical․comparative study of natural village property, legal nature on property reversion of natural village and reversion of ownership of natural village property. As the contents trying to be asserted fundamentally through this paper, contents about the distribution of the purchase and sale price when natural village property is sold can be summarized as follows. The distribution when natural village property has been disposed must comply with specified articles of association․regulations and if there are not any articles of association․regulations specified, it will be distributed to natural village residents in accordance with the provisions on the distribution of collective ownership property of the civil law. Whether to recognize the status of residents on natural village property will be determined by the articles of association or regulations of the village. That is, if woods and fields registered in the name of the natural village are sold, as to whether villagers are included in the households that can receive the price for sale of the woods and fields, only the current members of the natural village who can claim the right for the woods and fields can require distribution. In the matter that 2 lots of woods and fields of natural village are sold, the arctics of association related to woods and fields stipulate that the price for sale is not distributed if a household in the village moved to another place at the time when woods and fields are sold and that unless a household that newly moved to the village proves that it has lived in the village for 30 years, it will not receive the price for sale of woods and fields. However, with regard to real estate co-funded by the residents of the natural village, it is unreasonable if the right or wrong of the distribution of price for sale is determined when real estate was sold according to the changes in gains and losses of villagers and therefore, the household that spent the price can claim the allocation for the price of purchase and sale of the real estate regardless of migration from or into the natural village.
Abstract
This study examined focusing on historical․comparative study of natural village property, legal nature on property reversion of natural village and reversion of ownership of natural village property. As the contents trying to be asserted fundamentally through this paper, contents about the distribution of the purchase and sale price when natural village property is sold can be summarized as follows. The distribution when natural village property has been disposed must comply with specified articles of association․regulations and if there are not any articles of association․regulations specified, it will be distributed to natural village residents in accordance with the provisions on the distribution of collective ownership property of the civil law. Whether to recognize the status of residents on natural village property will be determined by the articles of association or regulations of the village. That is, if woods and fields registered in the name of the natural village are sold, as to whether villagers are included in the households that can receive the price for sale of the woods and fields, only the current members of the natural village who can claim the right for the woods and fields can require distribution. In the matter that 2 lots of woods and fields of natural village are sold, the arctics of association related to woods and fields stipulate that the price for sale is not distributed if a household in the village moved to another place at the time when woods and fields are sold and that unless a household that newly moved to the village proves that it has lived in the village for 30 years, it will not receive the price for sale of woods and fields. However, with regard to real estate co-funded by the residents of the natural village, it is unreasonable if the right or wrong of the distribution of price for sale is determined when real estate was sold according to the changes in gains and losses of villagers and therefore, the household that spent the price can claim the allocation for the price of purchase and sale of the real estate regardless of migration from or into the natural village.
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