통행지역권의 침해와 물권적 청구권

• 영문명: Claim for Removal of Disturbance Based on Easement of Access
• 발행기관: 한국재산법학회
• 저자명: 변우주(Byun, Woo-Joo)
• 간행물 정보: 『재산법연구』財産法硏究 第26卷 第3號, 41~70쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.28

영문 초록

A person having a servitude is entitled to use the land of another person for the convenience and benefit of his own land for a certain purpose. And, the Easement of Access is a right attached to one particular piece of land which allows the owner of the land (the dominant owner) either to use the land of another person (the servient owner)in a particular manner. So an easement attached to access a road is the easement of access. In case the easement of access is trespassed by a trespasser, it has the property right that is the exclusion for trespasser. In other words, A person having a Easement of access may demand the cessation of disturbance from a person who disturbs the right, and may demand either prevention of the disturbance. In this case, it is problem who has its right and who pays the expense to the exclusion for the trespasser. That is to say, it is problem that the dominant owner excludes the trespasser at the expense of the owner, or the servient owner. This paper describes claim for removal of disturbance that is trespassed by trespasser based on easement of access and analyzes recent Japanese judicial precedent.

목차

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키워드

지역권 통행지역권 방해행위 물권적 청구권 비용부담 Servitude Easement of Access Claim for Removal of Disturbance Trespasser the Expense to the Exclusion