토지의 경계침범과 권리남용에 관한 법적 고찰

Abstract

One in the law matter which occurs frequently from civil life is guard violation between the neighborhood land. The case of guard violation construction a qualitative possibility divides with the case which is not the case which is caused by with infringement voluntary deliberation or the fruit and ear book private ownership there is. And the removal requisition of guard violation construction socially or the result which is unjust economically causes is a case which has the necessity must suppress the removal requisition of the building. Recently the cadastral map and it sees through the irrationality of cadastre it establishes in him the policy of the government which propels re-drawing up of the cadastral map in compliance with recent description which is a rational and cadastreis announced, petty there is. According to re-drawing up of the cadastral map it means the necessity to which the land guard of actuality will be amended will occur between the multiple neighborhood land, from the right dispute which is caused by with the new cadastral map the guard violation construction majority with the fact that it will be discovered and the reckless driving of legal dispute is worried. As for suppression plan of building removal requisition there is ananalysis method and a legislation method. As for analysis of the existing law it will apply the principle of civil lawsecond trillion second protest right misappropriation prohibition and the right event which is a transition and suppression possibility it will make. The right misappropriation principle of law the example canine which derives in event of right the resultwhich is unjust it cannot providing by law as the legal technique nine my descriptions below for book is a possibility of seeing. Excessively only, to evade with the general provision and to forget in order not to injure the transient function of the general provision and a legal stability, must consider. In order to raise as the method which is legislation the legal stability in compliance with the law just establishment which is clear in civil law the fact that it will establish a provision in about guard violation construction. The guard violation construction exceptional in compliance with the event of blood violation voluntary real action it is this principle being removed, but violation voluntary deliberation. There is not a fruit and after building when the considerable time elapses to, the removal requisition is restricted provision. The right omnipotence which is an event of the real action which promises the removal yes or no of guard violation construction in land ownership only it buys with and controlling is not appropriate. It says and that it is like that, the removal yes or no also it is unjust to judge with only me under the economic logic which is an effectiveness. The land guard construction which is not ear book private ownership about in case the standard of the justice which is suitable socially being presented is desired.