査定에 의한 原始取得 問題點 검토

Abstract

The Japanese Empire abducted the national power of the Korean Empire on August 29, 1910. At the same time as the Treaty enforcing the national sovereignty came into effect, the Legal foundation of the reorganization of the land ownership system was laid down starting with the Emergency Decree No. 324 promulgated by the Chosun Governor General. In order to establish Korea 's new colonial base, the contents of the survey were a land survey project and a forest land survey project in the form of the confirmation of the land ownership and the arrangement of the land tax levy. However, in actuality, it is precisely the purpose of guaranteeing the property rights of Japanese people and securing the legal safety of Japanese investment in our land. The Japanese empire surveyed the land in the name of the land survey project through the Chosun governor 's office and assessed it in the sense of investigating the owner of the land. The Chosun governor general said that the claim that it is for the determination of the land ownership in the modern sense and that all the ownership prior to the land survey are disconnected by circumstances. However, if it is investigated in the same way as the dictionary meaning of the matter, the Chosun Government General himself acknowledges that there is a genuine owner at the time of the land and forest investigation. Nevertheless, if the applicant fails to report or fails to make a declaration during the investigation period, it shall be regarded as a land which does not have any owner and shall be assessed as a national land, and even if the owner appears thereafter, It was used to tear down the ownership of our people. Such a bad practice is a firm precedent of the present Supreme Court. There is no land in the land of our country which has a history of thousands of years. In the Japanese colonial period, the Chosun governor general has often made a ruling in the sense that the acquisition was wrong and the real owner existed through the Joseon High Court. Therefore, we do not need to inherit the evil practices for the smooth running of the colonies in the Japanese colonial era, and we want to deal with the problems.