[1] The scope of the person who can claim the right of passage over the surrounding land

[2] The case holding that a title truster of the land cannot oppose against the owner of the surrounding land due to the circumstances such as obtaining permission for development of the land or obtaining approval for use from the former owner of the surrounding land for the part corresponding to the passage road

[1] The right of passage over surrounding land under Article 219 of the Civil Act is a right based on the coordination of mutual use of neighboring land, which is recognized to the owner or superficies of the land and the person having the right to use the surrounding land, including the person having the right to use the land. Therefore, the right of passage over surrounding

[2] The case holding that the title truster of the land cannot oppose against the owner of the surrounding land due to the circumstances such as obtaining permission for development of the land or obtaining approval for use from the former owner of the surrounding land for the part corresponding to the passage road

[1] Article 219 of the Civil Code / [2] Article 219 of the Civil Code

[1] Supreme Court Decision 75Da1958 delivered on September 13, 1977, Supreme Court Decision 76Da1694 delivered on October 29, 1976 (Gong1976, 9464)

Plaintiff 1 and one other (Attorney Lee Jae-soo, Counsel for the plaintiff-appellant)

Defendant

Suwon District Court Decision 2006Na163 decided Feb. 15, 2007

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

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

The right of passage over surrounding land under Article 219 of the Civil Act is a right based on the adjustment of the mutual use of neighboring land, which is recognized to the owner or superficies of the land and the person having the right of use of the land such as the person having chonsegwon (see Supreme Court Decisions 75Da1958 delivered on September 13, 197, 76Da1694 delivered on October 29, 197, etc.).

In light of the above legal principles and records, the court below acknowledged the facts as stated in its holding, and held that the plaintiffs cannot be deemed as the owners of 1,924 square meters of forest land (number 3 omitted) adjacent to 624 square meters of Sin-ri (number 1 omitted) and 2,297 square meters of Sin-ri (number 2 omitted) located in Gwangju-si, Gwangju-si, Gwangju-si, and they cannot be deemed as the owners of 1,924 square meters of Sin-ri (number 2 omitted), and the title truster's status as to the owners on the register cannot be externally asserted ownership. Therefore, the decision to the purport that the plaintiffs cannot file a claim under the premise that the right to access to the land owned by the defendant was confirmed or the right to access was vested. Meanwhile, even if the plaintiffs obtained permission to use the forest land on the same Ri (number 3 omitted) or that Nonparty 1 obtained consent to use it from the former owners of the land owned by the defendant, etc., the judgment below cannot be asserted against the defendant.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Si-hwan (Presiding Justice)