logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.07.23 2014다226369
토지명도
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. If the owner of a certain parcel of land provides the land as a road and grants the right to passage to neighboring residents or the general public free of charge, the right to exclusive and exclusive use of the land shall be deemed to have been waived;

Furthermore, it is naturally anticipated in light of the empirical rule that the person who intends to acquire the ownership of the land through a successful bid, sale, or payment in kind will examine the location, current status, and surrounding land by means of land cadastre, registry, urban planning confirmation center, cadastral map of the related land, and in particular by means of auction, details of public notice of auction date, details of auction objects or inspection of execution records kept in a court, etc. Therefore, it is reasonable to view that the original owner of the land as a matter of course is naturally anticipated to examine the location, current state, and surrounding land in advance. Therefore, it is reasonable to view that the original owner of the land has renounced his exclusive and exclusive right to use the land by offering a part of the land free of charge as a road site and then

(2) On May 8, 1998, according to the reasoning of the lower judgment and the record, the following facts are as follows: (a) from among the following facts: (b) the part of the land attached to the lower judgment (hereinafter “the instant land”) which was linked to the point of 2, 3, 4, 5, 6, 7, 8, and 2, the part of the land attached to the lower judgment (hereinafter “the occupied part”) was formed between J, I, G, and P, and the part of the instant land (hereinafter “the instant road”); (c) the part of the instant land occupied in Busan Seo-gu Qgu, Busan (hereinafter “the instant road”).

arrow