宗中의 농지 취득 및 소유에 관한 연구

Abstract

A restriction on Farmland ownership of the clan is directly related to a system on land ownership of the clan. Though the clan hasn't legal capacity, he can have real estate registered in his own name according to “Registration of Real Estate Act”. But most cran registered his real estate in the name of another person conventionally, and nowadays current law permits this convention(so called “title trust”) in the case of the clan. So,Though “Farmland Act” prohibits no-farmer from owning farmland, clans can register his farmland through title trust despite he isn’t famer. But,this phenomenon conflicts to “Farmland Act” and “Constitutional Law”that prohibit no-farmer from owning farmland. On this basis, I will suggest some alternatives on land ownership of the clan. First, it’s needed to let the clan acquire legal personality easily,so the clan as corporation can own real estate own title. Second, it’s considered to legislate a special act that converts title-trusted clan’s real estate into clan’s own title. Third, it must prohibit title-trust of clan’s real estate by law. According to “Farmland Act”, in principle the clan can't own farmland,but exceptionally he can own farmland that he have owned before Farmland Act was enforced. And, the clan can acquire farmland by title trust based on “Act on the registration of real estate under actual title holders name”Especially, it’s needed to permit the clan to acquire the farmland that is used for his own unique purpose. But, in that case, it is expected to be crowded with a lot of phantom clans whose purpose is only acquire farmland. Therefore it must be considered to regulate requirements of clan, articles of association, etc in “Farmland Act.”