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| TITLE | [Confirmation of Right of Passage over Surrounding Land]Supreme Court Decision 2005Da30993 Delivered on October 26, 2006 [full Text] |
|---|---|
| Summary | |
| [1] The relation between the construction law provisions regarding the width of a road and the scope of right of passage over surrounding land, and whether future use of the enveloped land should be taken into account in determining the scope of a right of passage (negative) [2] In the case where the holder of the right of passage over surrounding land constructs a passage pursuant to the main sentence of Article 219 Paragraph (1) of the Civil Code, the obligations of the owner of the passage, and who bears the costs for constructing and maintaining the passage and damage inflicted upon the owner of the passage (=the holder of the right of passage over surrounding land) [3] The case revoking the decision of the court below which held that the owner of a passage is obligated to remove the drainage canal installed in the passage where the right of passage over surrounding land is recognized, on the ground of the misapplication of legal principles as to the effect of the right of passage over surrounding land | |
