17세기 초반 예안 사족의 토지소유 분쟁과 그 성격

Abstract

Joseongdangilgi is a diary written by Kim Taek‐ryong, one of noble families that led public opinions in the Yean area during the early 17th century. This diary mentions a number of disputes over land possession. From the records, we can see specific patterns of the establishment of land ownership in the area during the early 17th century. Taking note of this point, this study developed a discussion centering on land ownership in the early 17th century. First, Kim Taek‐ryong experienced twists and turns in the process of purchasing Sugunjeon. Although he took legal procedures including the drawing up of a deed, the transaction was not approved because it was illegal to trade Sugunjeon. That is, when a land such as Sugunjeon was purchased the ownership was quite unstable. In case a party trying to take over the land conspired with the governmental authority, the buyer was likely to lose the land. This suggests that, for some lands, it was hard to secure exclusive ownership despite sufficient legitimacy and evidence (deed) of land trade. Such vulnerability of exclusive ownership is observed clearly in reclaimed lands. By the war, some of lands owned by Kim Taek‐ryong were left uncultivated. Then some peasants reclaimed and farmed them. Kim Taek‐ryong asserted his ownership over the lands and demanded a certain amount of rent. Some of the peasants having the reclamation right agreed on the level and paid a rent. As the two parties reached an agreement on the amount rent, the lands were cultivated under the sharecropping system. This is considered a case showing a background cause of the transition of the sharecropping relation from non‐economic enforcement to an economic relation irrelevant from social class. On the contrary, some peasants, complaining about the level of rent, refused to pay a rent with various excuses. This suggests that there was resistance against ownership based on the reclamation right. However, the social atmosphere developed gradually in a way of acknowledging the reclamation right. In Daejeontongpyeon, reclaimants’ right was acknowledged by providing that even if the owner demanded the return of reclaimed land the reclaimant could keep two thirds of the land, returning only a third. In addition, it was provided that a land cultivated over 10 years should be divided equally. This provision is a good example showing that reclaimants began to assert their right and the social atmosphere developed in favor of such claims.