請求塗銷國有土地所有權登記──土地法第12條第2項規定回復所有權之爭議

Prosecute for the Registration of Cancellation of the National Land Ownership

土地法第12條規定：「（第1項）私有土地，因天然變遷成為湖澤或可通運之水道時，其所有權視為消滅。（第2項）前項土地，回復原狀時，經原所有權人證明為其原有者，仍回復其所有權。」近10餘年來，關於土地法第12條第2項規定引生之爭訟事件頻起。

This article focuses on the Supreme Court 112 Tai Shang Zi No. 639 civil judgment and explains its content. The judgment in this case pointed out that the land that was originally privately owned during the Japanese rule period was designated as a river area, and its ownership registration was cancelled. After the recovery of Taiwan, the general registration of land has not been completed in accordance with the law, but when the land is restored to its original state, before the registration authority registers the land as national property, it should still carry out the procedure of public notice of land deemed to be ownerless land as stipulated in Article 57 of the Land Law, so that the original landowners can exercise their rights in a timely manner. Therefore, this article focuses on two main points：firstly, to explain the difference between the general registration of land and the initial registration of land ownership; and secondly, when the original landowner exercise the petition right on property and request the cancellation of the registration of the ownership of national land, the national land administration authority argues that the statute of negative prescription has expired, and whether this violates the principle of good faith.