(a)in the event that superficies have been transferred by auction, as building, to the subsequent purchaser of the land;

B. Limit of right of passage over surrounding land under civil law Article 219

1. If the building is transferred by auction, unless there are special circumstances such as auction under the conditions of sale such as removal, destruction or loss after the successful bid of the building, the superficies has also been transferred according to the transfer of the building and the indivisible relationship. As such, even if there is no registration of the superficies transferred by auction, it is naturally effective for the purchaser of the land thereafter.

2. The owner of the land can only construct a passage according to the necessity or passage of the surrounding land only if there is no passage necessary for the use of the surrounding land in accordance with Article 219 of the Civil Act. As such, in a case where there is a necessary road as mentioned above, the owner of the land can only pass through the place and method where the least damage is caused to the owner, and the owner's attempt to occupy the place and place provided for it is no right to refuse the passage.

[Judgment of the court below]

Defendant 1 and one other, Counsel for the defendant Kim Dong-ho, Counsel for the defendant-appellant

Busan District Court Decision 75Na279 delivered on November 26, 1975

The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.

We examine the grounds of appeal by the defendant litigation agent.

1. The court below held that the above building was owned by the non-party 1 and the non-party 2's transfer of the superficies to the non-party 1 and the non-party 2's transfer of the superficies to the non-party 1 and the non-party 2's sale of the above building's ownership to the non-party 1 and the non-party 2's sale of the above building's sale of the building by the non-party 1 and the non-party 3's sale of the building's sale of the building's own superficies to the non-party 1 and the non-party 9's sale of the building's sale of the building's own superficies to the non-party 1 and the non-party 2's sale of the building's sale of the building's own superficies to the non-party 1 and the non-party 2's sale of the building's sale of the building's own superficies to the non-party 9's sale of the building's sale of the building's sale of the building's ownership.

2. We examine the grounds of appeal by the Plaintiff et al.

The land owner may pass the land of a third party if there is no way to use the land owned by him or her, and if necessary, he or she may construct a passage. According to the above provision of Article 219 of the Civil Act, the owner of the land can only construct a passage according to the passage or necessity of the surrounding land unless he or she has a passage necessary for the use of the land. Thus, it cannot be said that the owner of the land has the right to use the land as the most convenient passage without using the passage or passage for the reason that he or she could not use the passage to the surrounding land, and the owner's right to use the land can not be deemed to have the right to use the land as the first place and the first place and the second place and the second place and the second place and the second place and the third place to use the land to use the land as the first place and the second place and the second place and the third place without using the first place and the first place and the second place and the third place to use the land as the right to use the passage.

Therefore, the appeal by the plaintiff and the defendant et al. is with merit in accordance with the provisions of Articles 400 and 406 (1) of the Civil Procedure Act, and the case is reversed and remanded to the Busan District Court Panel Division. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Hong Man-hee (Presiding Justice)