Main Issues
If a land owner has constructed a building which prevents himself/herself from contributing to a public road, he/she shall not have the right to pass over the surrounding land owned by another person.
Summary of Judgment
If a land owner has constructed a building blocking the passage between his public services with such land, he shall not be allowed to have the right to pass over the surrounding land owned by another person.
[Reference Provisions]
Article 219 of the Civil Act
Plaintiff-Appellee
Plaintiff
Defendant-Appellant
Defendant
Judgment of the lower court
Daejeon District Court Decision 70Na268 delivered on September 8, 1971
Text
The original judgment shall be reversed, and the case shall be remanded to the Daejeon District Court Panel Division.
Reasons
The grounds of appeal Nos. 1 and 3 by the defendant's attorney are examined.
According to the judgment of the court below, if the plaintiff's right of access to the above part of the building was constructed on the 54th floor of the building which was owned by the defendant, and the above part of the building was constructed on the 14th floor, and the above part of the building was constructed on the 14th floor, and the defendant's right of access to the above part of the building was not established on the 1968th floor, and the right of access to the above part of the building was not established on the 4th floor because it was not established on the 54th floor of the building, and the defendant's right of access to the above part of the building which was owned by the plaintiff's owner, and it was not established on the 10th floor of the building, and the right of access to the above part of the building was not established on the 14th floor of the building which was owned by the plaintiff's own, and thus, it was not possible to recognize that the above part of the building's right of access to the building was not established on the 2th floor.
Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu