beta
(영문) 수원지방법원성남지원 2019.06.04 2018가단234091

가스관 시설권 확인

Text

1. Of the area of 23 square meters in Gwangju City, the Defendant shall mark the annexed drawings (1), (2), (3), (4), (9), (10), and (1) respectively.

Reasons

1. Basic facts

A. The Plaintiff is the owner of D large-scale 62 square meters in Gwangju-si (hereinafter “Plaintiff’s land”), and the Defendant is the co-ownership of 1/8 shares in relation to C-road 233 square meters (hereinafter “Defendant’s land”).

B. The Plaintiff: (a) filed an application with the gas construction business entity for the installation of gas pipes (specificly, the installation of gas pipes with the diameter of pipes 0.08 meters in diameter, length, 63 meters in length, 5.04 square meters in length, and 4.00 square meters in lots among the land (Ga), 4.00 square meters in lots among the land (Ga), 5, 6, 7, 8, 9, 10, 10, 10, 100 square meters in lots among the land (Ga), 4.04 square meters in lots among the land (Ga), 5, 7, 8, 10, 10, 100 square meters in lots among the land (Ga), 1.04 square meters in lots among the land (Ga), 1.04 square meters in lots among the land (Ga), 3, and 1.04 square meters in lots among all the land owners.

C. The Plaintiff filed the instant lawsuit against five equity right holders of the Defendant’s land, including the Defendant, and two equity right holders of the third land, but the recommendation for reconciliation was finalized as to the remaining seven persons except the Defendant, and only the Defendant raised an objection to the decision of recommending reconciliation on December 19, 2018.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 through 4, purport of whole pleading

2. The parties' assertion

A. Since the installation of gas pipes for the Plaintiff’s land requires excessive cost without passing through the Defendant’s land, the Plaintiff is entitled to install gas pipes on the Defendant’s land pursuant to Article 218(1) of the Civil Act.

B. The Plaintiff did not pay any compensation for infringement of the Defendant’s property right, and did not endeavor to compensate. Therefore, the Plaintiff’s claim should be dismissed.

3. The owner of the land, without passing through another person’s land, shall be required.