조선후기 土地賣買의 舊文記 양도방식에 대한 사례연구

Abstract

This paper is a study on how the property owners cancelled and transferred the ownership of the lots of the land the buyers when the they sold their land in lots in the later Joseon Dynasty. For this study, 4,600 documents of property dealings which have existed in Jeolla-do were analyzed, and 90 documents which are cut diagonally or vertically are provided as evidence. This paper is the first one which verifies the fact that the half-cut documents are the evidence of the dealing method when the owners sold their land in lots. Those 90 half-cut property documents have been discovered everywhere in Jeolla-do, and the dealings were made during the 19th century. The properties included mountain districts and houses, and dry and paddy fields are proved to have been dealed most. Other types of documents besides the land dealing ones include notes, power of attorney for dealings, checks, and documents of succession to property. These types of documents were handed over with the property dealing documents as evidence for the dealings. The diagonally cut documents have flaws that the content of them are not clearly verified, while the vertically cut ones still have the full information of the remaining land after the land was sold in lots. It was found out that the land dealings were activated in the later Joseon period, but there is no evidence that the government made any national evidence systems to support the dealings among people. As there was no national evidence system, people's property ownership was transferred among themselves with no official endorsement just giving and taking land dealing documents. This method might have developed to make sure that they made more safe land dealings among themselves. It is also possible that they used checks, which were used for general commercial or financial dealings, when they traded land. If this method was done in other regions other than Jeolla-do should be studied further.