土地典當에 관한 硏究
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In the Chosun dynasty, there were at least two kinds of Jeondang(典當 ; pledge) systems, one was in the form of sales and the other is in the form of pledge, as shown by later documents. The purpose of this research is to reveal the living style or culture of the medieval ages through a tiny mirror of the Jeondang(pledge) systems in the Chosun dynasty, especially by revealing the origin of current systems through the Jeondang of real estate, one of representative consumer borrowings using Jeondang(pledges) which secures debtor's rights and debt settlements. There were three kinds of Jeondang(pledges), occupancy, documents, and non-occupancy pledges. The occupancy pledge was practically regarded as a sales activity. For example, while the farms were provided as pledges, the creditor often cultivated until the loans were repaid. Their yields were regarded as interests. A kind of document pledges was writing a document about interest rates etc. without transferring the real estate. In this case, interest rates were determined by market rent paid by a tenant farmer at that time. Normally, a mortgage forfeit was accompanied, and a borrower retained the ownership and cultivating right. The essence of those two kinds of pledges, occupancy or document pledges, was all the same, but a borrower surrendered related documents only. Of course, the borrower who surrender the related documents could not dispose pledged lands. A mortgage forfeit that, if a borrower could not settle debts in timely manner, the ownership of the pledged land was transferred was always accompanied. This forfeit was also regarded a sales. It was because of sales and pledges were mixed and because of land pledges such as farms etc. were not completely different from salts features. Therefore, they can be regarded as land sales with call or put options. Furthermore, the fact that this traditional system has been inherited to modern civil laws was confirmed in this research by comparing and analyzing two traditional legal theories about the Jeondang of real estate(land pledges) from a modern legal viewpoint, one regarded the Jeondang(land pledges) as mortgage rights (抵當權說) and the other the gage(pledge) right (質權說). This research is expected to devote to revealing traditional aspects in modern Korean Civil Law as well as a study on the past Jeondang(land pledge) systems.