북한 부동산이용권의 거래를 위한 준거법 설정에 관한 연구 - 독일의 선례를 기초로 하여 -

North Korean civil law cannot be applied to South Korean civil law immediately and simply. If the North Korean political system is absorbed into the South Korean political system, the rights which established in North Korea cannot maintained in the new legal system. As a result, subjects of rights lose their property. So it is neccesary the governing law in civil matter to determine the character of the right to land use, and to determine whether the legal effect should be continuously guaranteed. This civil governing law should be consist of general provisions, the real rights, the contractual relationship and successional relationship etc. In this case, it will have the same structure as Germany’s <Civil Law Enforcement Act (EGBGB)>, so the contents of german’s law will be important reference materials for our work. In addition, regulations on the right of land use should be included in this legislation. The legal nature for land use, i.e, whether it is a obligational right or a real right, must be defined separately by such lawmaking. The distinction can be perceived from the using relation of the building and those rights. This processing is necessary to prevent to acquire the effect of real rights from the land use of obligational relationship. And the fact that laws such as Germany’s “SachRberG” and “SchuldRanpG” were enacted belatedly after unification has a important implications for us. Therefor by the establishing the civil governing laws for unificaton in Korea it should be best role model for us.