조선 시대의 건물(家舍)과 그 대지(垈地)의 일체성

Modern Korean legal system considered lands and the buildings thereon as separate immovable. For example, In Korea, real property consists of lands and buildings, which are considered separate real property. Such system was transplanted to Korea by Japanese colonialism from the later part of 19th century. In this paper first coauthor raised the issue that whether pre-modern Korean legal system considered both items as separate thing or not. First coauthor argued that pre-modern Korean legal system considered both items as one thing and there were no symptoms that they differentiated the categories of movable (動産) and immovable (不動産), main thing (主物) and accessory (從物). Basically Korean traditional ideas were roughly the same as common law ideas. For example The Georgia Legislature defines realty or real estate as all lands and the buildings thereon; all things permanently attached to land or to the buildings thereon; and any interest existing in, issuing out of, or dependent upon land or the buildings thereon. The property right of the owner of real estate extends downward indefinitely and upward indefinitely.