1907년의 이중매매 사례

Abstract

This study is about judgments of civil cases ruled by the Hansung Court and Pyungriwon(Supreme Court) in 1907. We can find out both historical and legal meanings through the above judgments. The historical meanings are as follows: The first one is harmful consequence due to the land plundering committed by the Iljinhoi based on the Pro-Japanese Enlightenment. The second one is that we can find out currency types and price changes at the time of enlightenment. Next, the legal meanings can be divided into meanings in terms of the procedure and substantial acts. Above all, the meanings in terms of the procedure act are as follows: First, written judgments came to possess standardized forms. Second, the jurisdiction of courts was determined according to the defendant's address. Third, judgments by default were performed according to the Article 6 of 『The Regulation of A Court Clerk(廷吏規則)』 Fourth, there was an attorney as a kind of litigation representative. Fifth, court costs were assumed by the party defeated. And the meanings in terms of the substantial act are as follows: First, the law regarded the double selling of real estate as being nearly similar to that of the Chosun Dynasty in 1907 and protected the first purchaser. Second, the pawning system was functioning as collateral. Third, we can find out agent's responsibilities through civil listing contracts. Fourth, we can find out a principle of law for the limitation of debt interests in 1907.