Land Delivery Lawsuit | Securing a Judgment Ordering Delivery of Land Against an Unlawful Occupant

🔗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.

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

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.

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.