토지인도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of C large 235 square meters in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Plaintiff’s land”).
B. On August 4, 2017, the Defendant was the owner of the Seoul Special Metropolitan City, Nowon-gu, 116 square meters and E large 132 square meters (hereinafter collectively referred to as “Defendant’s land”) adjacent to the Plaintiff’s land, and carried out a new building construction project after obtaining a building permit on the Defendant’s land.
C. On February 20, 2018, the Defendant occupied the part of the Plaintiff’s land by reclaiming urban gas pipes and water supply and drainage pipes to the 16m3m2 of the 16m2 connected in sequence of the respective points of Annex 1, 2, 4, 3, and 1 among the Plaintiff’s land (hereinafter “instant dispute”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, Eul evidence Nos. 1, 3, 6, 7, and 11 (including additional evidence, if any), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the defendant possesses the part of the dispute of this case owned by the plaintiff and interferes with the plaintiff's exercise of ownership. Thus, barring any special circumstance, the plaintiff is obliged to remove urban gas pipes and water supply and drainage pipes installed in the dispute of this case and deliver the dispute of this case to the plaintiff.
3. Judgment on the defendant's assertion
A. The defendant's assertion and judgment that the defendant carried out the seal construction based on the legitimate title, such as the right to water supply under Article 218 of the Civil Act, and that the plaintiff clearly expressed his intention to provide the site.
Where a landowner cannot install necessary water supply, minority, gas pipes, electric wires, etc. without passing through another person's land, or requires excessive costs, he/she may do so through another person's land.
However, it shall be installed by selecting the place and method which is the lowest damage, and it shall be compensated at the request of the owner of the other land.
(Article 218(1) of the Civil Act). The land owner’s water supply, etc.