일제초기 조선부동산 등기제도의 시행과 그 성격

The Japanese imperialism implemented the full-scale registration system, abolishing the system of land right in 1912. The registration system was a institution that the state managed, registering various real rights such as ownership and mortgage in the register. The Governor-General of Korea could execute the stable transaction and collateral loans of real estate on its basis. The registration system was phased, based on proof order before land survey and registration order after it. The Japanese made the registration system succeed to old proof system legally, while in case the ownership in land registers confirmed by land survey was different with that of proof, they put the absolute advantage to the former. This ownership was given the exclusive nature established by the Japanese Civil Code, while tenant right was defined as the right of lease and the nature of a real right owned by the right of cultivation previously denied completely. It was because Korea needed to have the same investment environment as Japan. The principle of absoluteness of ownership was necessary to the policy switch of tax system of tenant farmer to the system of landowner's direct payment. Old customs allowed by land survey were denied and replaced in Japanese style. Communal self-governing bodies of country was not recognized as corporate bodies, and land they owned had to be registered either individually or as common property. The main example was the village and the families of the same clan. Registration was made mainly in dealing and settlement of mortgage. Registration tax income reached to a considerable figure accordingly, and the former was of overwhelming importance. So this system had a decisive contribution to the expansion of landowner system and financial capital. Finally, registration system was also a institutional mechanism that allowed Japanese imperialism to promote the national project through the exercise of public power. Japanese imperialism gave ownership exclusive nature, but determined ownership could be deprived of through land expropriation command, regardless of the intention of the owner.