상린관계상 시설권에 대한 수인청구
1. The part against the plaintiff in the judgment of the first instance is revoked.
2. The defendant shall be not less than 1,265 square meters of land for factory in Ulsan-gu.
1. Basic facts
A. The Plaintiff is the owner of the Plaintiff’s housing located on the 331m2 in Ulsan-gu, Ulsan-gu (hereinafter “Plaintiff’s land”) and on its ground (hereinafter “Plaintiff’s housing”). The Defendant is the owner of the 1,265m2 (hereinafter “Defendant’s land”).
B. The cadastral status of the Plaintiff’s land and the Defendant’s land is as indicated below in the cadastral map, and, in the north-gu G road adjacent to the Defendant’s land (hereinafter “G road”) and the neighboring H road (hereinafter “H road”), the current sewerage system of sewage pipes is a combined-type sewage system that flows into by distinguishing rainwater from sewage and wastewater, as well as a separate-type sewage system that flows into, and flows along, water and sewage.
The separate-type sewerage is sent to the terminal treatment facilities through sewage pipes without going through septic tanks or sewage treatment facilities, and the combined-type sewage system is drawn to the sewage culvert with excellent sewage systems after going through septic tanks installed at the lower part of the building or sewage treatment facilities.
This is set up.
C. The Plaintiff is treating sewage using the current septic tank, and in order to install the sewage pipe for the Plaintiff’s housing, the method of connecting the Plaintiff’s housing through the north direction at the end of the sewage pipe installed on the G road via the edge of the Defendant’s land, or the method of connecting the Plaintiff’s housing to the Plaintiff’s housing via the I, J roads, and Ulsan-gu E (hereinafter “E”) located in the sewage pipe installed on the H road, or via the land adjacent to the Plaintiff’s land.
IF JE DD 【No Grounds for Recognition, A's Evidence Nos. 1 through 5, B's Evidence Nos. 1, 4, and 6, the video of the first instance court, the inquiry results on the North Korean head of Ulsan Metropolitan City, Ulsan Metropolitan City, and the purport of the entire pleadings.
2. The parties' assertion
A. The Plaintiff cannot install sewage pipes necessary for the Plaintiff’s housing without passing through the Defendant’s land.