位土의 所有權을 둘러싼 法律關係

Abstract

Farmland of graves has been a traditional custom during several centuries in Korea. This custom was distorted deliberately by the Japanese Imperialism from 1910 to 1945. And then Korean Civil Law Article 1008-3 describes inheritance of graveyards, so that the right of ownership in forest land not more than 2.451 acres for graves and farmland for management of graves less than 1983.48 square meters, a genealogy, and ritual implements shall be succeeded to by the person who superintends the ancestral rites. This article newly is revised by Act No.4199, Jan. 13, 1990. I think that ownership of the graves does not revert to the eldest grandson of the head family but all descendants of clan. If ownership of graves is subject to clan, farmland for management of graves depend on own graves. So 9I think that the ownership of the farmland for management of graves fall to the own clan.