주위토지통행권에 관한 민법 개정안 검토

Abstract

The right to pass the surrounding land is a land ownership recognized by the neighboring relations of the Civil Act. It is a legal right of passage arising in accordance with the provisions of the law even if there is no contract for the use of land as a passage between adjacent landowners. The right of passage for the surrounding land is statutory right of passing that naturally arises from the surrounded land itself, regardless of the intention of the party. Therefore, there is no need to obtain the consent of the surrounding landowners. This, in turn, extends the power of the besieged landowners while bearing the duty of endurance to the surrounding landowners. The right of passage for the surrounding land is a problem that has occurred more frequently in recent years due to population concentration in cities, soaring land prices, and delays in urban planning. And it arises as a problem of conflict of interest between adjacent land owner who want to use limited land as efficiently as possible. The provisions of neighboring relations of under civil act amount to about 30 articles. In 2011, the Civil Law Revision Committee of the Ministry of Justice proposed amendments by reviewing the obligation to cite smoke, etc. (Articles 217 and 220), the right to pass the surrounding land (Articles 219 and 220), and the boundary invasion building (Article 242-2 as a new provision). Therefore, this paper briefly describes the contents of the right to pass the surrounding land stipulated in the Civil Law Real Rights section and examines the validity of the amendments to the right to pass the surrounding land discussed in 2011 and 2013.