17세기 한성부 決訟立案을 통해 본 家垈訟 요인과 판결 이후 소유권 확보의 과정

Abstract

This study focuses on dwelling site trial cases while the study on existing the Joseon lawsuits was done focusing on slave and land. slave and land have been regarded as representative property values in the Joseon Dynasty. However, in custom and law dwelling were also recognized as important property. The little has been done on dwelling site trial cases, while research on slave and land has been conducted actively. In response, this paper intended to identify the status of ‘dwelling site litigation’ through the progress and ruling of dwelling site litigation and to examine the progress of the sale of controlled dwelling site after the end of the lawsuit to reveal the process of the establishment of ownership after the trial. The main data for use is Hanseongbu(漢城府)’s Kyolsong iban[決訟立案] in 1638. The Kyolsong iban took place between the plaintiff Lee Mu, and the defendant Choi Lip at the 敦寧府下契 of Hanseongbu. The beginning of the lawsuit occurred during building a fence on the southern part of the house that Lee Mu had bought. Lee Mu’s act was to clarify the ownership of the dwelling site he had acquired by building a fence that could be distinguished from the neighboring house. In protest, Choi Lip argued that the fence had been placed toward his’s own house. The winner of the 1638 lawsuit is the Choi Lip. Four years later, however, Choi Lip sold out the dwelling site of contention to Lee Hyo-nam and Lee Hyo-nam sold it back to Lee Mu just two months after he had bought it. In the process, Lee Hyo-nam added 10兩 more than the price his purchased and sold it to Lee Mu. After four years, the final owner of the dwelling site ends up with Lee Mu, and Lee mu was issued with a government document in addition to the body of a documents and Kyolsong iban, which were handed over to Lee Hyo-nam to consolidate his ownership. Their lawsuit was deeply related to the 17th century social phenomenon. The contents of the 1638 and 1661 Hanseongbu issued in the 17th century are related to a dwelling site trial cases in the central part of Hanseongbu. Since the early Joseon Dynasty, the shortage of dwelling site in Hanseongbu has been a social problem. This was amplified through the war and into the 17th century. As a result, they must stay in Hanseong for such reasons as 譯官 and 軍官, but it is not easy to find a place to live. And it can be seen that this kind of the actual condition has served as a major reason for litigation.