@article{ART002118453},
author={Jae Koon Koo},
title={National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - },
journal={Korea Real Estate Review},
issn={2092-5395},
year={2016},
volume={26},
number={2},
pages={71-84}
TY - JOUR
AU - Jae Koon Koo
TI - National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 -
JO - Korea Real Estate Review
PY - 2016
VL - 26
IS - 2
PB - korea real estate research institute
SP - 71
EP - 84
SN - 2092-5395
AB - The Supreme Court of Korea denied the responsibility for state compensation to victims, when the government had the land which the owner was not written in the register book registered in the name of state. I studied on whether the Supreme Court Judgment (2014.12.11, 2011 Da 38219) is correct or not.
It is hard to say that government officials are in compliance with the requirements set by laws and procedures, in the process of registration of ownership preservation in the name of state.
According to the State Property Acts, the office of general administration or the head of a central government agency shall acquire any ownerless real estate as state property. The State Property Acts do not enumerate what kind of books to be surveyed. Nevertheless, officers compared only the state-owned property book, register books etc. They did not survey the ownership rights certificate which were made during the Japanese colonial era. The government officials neglected to survey whether the targeted land was ownerless real estate or not. However, the Supreme Court did not held the government officials responsible for the mistake. It is against the regulations Article 750 of the Civil Law and Article 2 of the State Compensation Act. The Supreme Court Judgement I have studied has a contradictory nature to another judgement on several key issues. The Supreme Court (2014.10.15., 2012 Da 100395) explicitly acknowledged the illegitimacy of public official’s action which registrated the ownership preservation of real estate(the public’s ownership rights certificate were made during the Japanese colonial era) in the name of state.
KW - register book;unregistered land;registration of ownership preservation;ownerless real estate;State Compensation Act
DO -
UR -
ER -
Jae Koon Koo. (2016). National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - . Korea Real Estate Review, 26(2), 71-84.
Jae Koon Koo. 2016, "National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - ", Korea Real Estate Review, vol.26, no.2 pp.71-84.
Jae Koon Koo "National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - " Korea Real Estate Review 26.2 pp.71-84 (2016) : 71.
Jae Koon Koo. National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - . 2016; 26(2), 71-84.
Jae Koon Koo. "National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - " Korea Real Estate Review 26, no.2 (2016) : 71-84.
Jae Koon Koo. National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - . Korea Real Estate Review, 26(2), 71-84.
Jae Koon Koo. National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - . Korea Real Estate Review. 2016; 26(2) 71-84.
Jae Koon Koo. National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - . 2016; 26(2), 71-84.
Jae Koon Koo. "National Registration of Ownership Preservation on the Private Land and Compensation for Damages - Supreme Court Judgment:2014.12.11, 2011 Da 38219 - " Korea Real Estate Review 26, no.2 (2016) : 71-84.
