CONTENTS
- 1. The Client Who Requested Help With a Land Delivery Lawsuit
- - What Is a Land Delivery Lawsuit?
- - What Is a Right of Passage Over Surrounding Land?
- 2. Establishing a Strategy to Win the Land Delivery Lawsuit
- - Rebuttal of the Right of Passage Over Surrounding Land
- - Argument Regarding the Defendant's Unlawful Acts
- 3. The Result of the Land Delivery Lawsuit Assistance: "Successful Land Delivery Order"
1. The Client Who Requested Help With a Land Delivery Lawsuit
The client, who requested help with a land delivery lawsuit, had recently been in a serious dispute with a neighbor (the defendant) over the possession of land.
This was because the defendant had installed a container on the client's land, planted several trees, and was occupying the land without authorization.
The defendant continued such unlawful acts on the basis of a right of passage over surrounding land.
The client came to Daeryun Law Firm to seek advice on whether there was a way to stop the defendant's unlawful acts.
Daeryun rebutted the basis for the right of passage over surrounding land claimed by the defendant and recommended proceeding with a land delivery lawsuit.
The client entrusted the land delivery case to Daeryun Law Firm, which provides close representation through every stage, from evidence gathering and drafting the complaint to the trial stage.
What Is a Land Delivery Lawsuit?
🔗A land delivery lawsuit is a lawsuit in which an owner demands that a person who has occupied the owner's land without authorization return the land.
It refers to a lawsuit that legally demands that a person using or occupying another's land without permission vacate and return the land.
Such a lawsuit is typically filed in the following cases.
| 1. Unauthorized Occupation When someone occupies my land without permission (for example, unlawfully constructing a building or placing and using a container) 2. Continued Occupation After the End of a Lease When a tenant does not vacate the land even though the lease has ended 3. When the Occupant Does Not Vacate After a Sale When the land has been purchased but the former owner or another person continues to occupy it |
What Is a Right of Passage Over Surrounding Land?
The defendant was unlawfully occupying the land on the ground of a 🔗right of passage over surrounding land.
What is the right of passage over surrounding land claimed by the defendant?
A right of passage over surrounding land is the right of the owner of land that has no passage to a public road to pass over the surrounding land.
To be recognized as having a right of passage over surrounding land, the following requirements must be met.
① When there is no passage between a parcel of land and a public road that is necessary for the use of that land
② When the landowner cannot access a public road without passing over or using the surrounding land as a passage, or when doing otherwise would require excessive expense
2. Establishing a Strategy to Win the Land Delivery Lawsuit
Daeryun Law Firm established a strategy aimed at rebutting the right of passage over surrounding land claimed by the defendant.
Rebuttal of the Right of Passage Over Surrounding Land
The defendant claims that in order to reach the defendant's own land, it is necessary to pass through the client's land.
The right of passage over surrounding land under Article 219 of the Civil Act is a right that arises when a party's own land does not adjoin a public road and passing through another party's land is the only means.
The attorney in charge submitted a certified copy of the register and the cadastral map as evidence and argued that the defendant's land was directly connected to a public road, so passage over the client's land was not necessary.
The defendant was simply using the client's land without authorization for the sake of mere convenience, because the route to the public road took longer.
The attorney in charge cited, as a basis, that in a case where a dispute over a right of passage over surrounding land had led to litigation, the court had issued a judgment that a right of passage over surrounding land cannot be recognized if there is a separate access road.
Argument Regarding the Defendant's Unlawful Acts
The attorney in charge argued that the decisive reason for filing this land delivery lawsuit was the defendant's unlawful acts.
The client had even shown a cooperative attitude, accommodating the defendant so that the defendant could pass through comfortably.
Despite such accommodation, the defendant installed a container and stacked items on land that clearly belonged to the client, causing harm to the client.
In the end, the client filed the lawsuit to resolve this legally.
3. The Result of the Land Delivery Lawsuit Assistance: "Successful Land Delivery Order"
As a result of the land delivery lawsuit assistance, the court issued a judgment ordering the defendant to remove the items placed on the land and to deliver the land.
A land delivery lawsuit involves a complex interplay of the rights to the land, the occupant's legal arguments, and compulsory execution procedures.
It is necessary to protect your rights by rebutting the occupant's arguments through a review of ownership and interpretation of the register and cadastral map, together with an attorney.
Daeryun Law Firm forms a tailored attorney team dedicated to the client and provides thorough support through the complex legal procedures.
We encourage you to request help from Daeryun Law Firm, which provides close representation throughout the entire process, from drafting the complaint and gathering evidence to conducting the trial.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
