배전선로(전선)시설권 확인
1. The Defendant shall have the Plaintiff’s ground of 278 square meters and 6922 square meters in E, which is necessary for the land of 243 square meters in the land of Dacheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and the F farm site.
1. Basic facts
A. The Plaintiff is the owner of the said three lots of land, including the instant land, owned by the Plaintiff, and the Defendant is the owner of the land of the said three lots of land, which is not less than 278 square meters and 6922 square meters for the land for the instant land, and is the owner of the land for the instant land, which is not less than 278 square meters and 6922 square meters for the instant land for the F farm (hereinafter “the instant adjacent land”).
B. On December 27, 2016, the Plaintiff obtained a license to engage in the solar power generation business from the Plaintiff-owned land for the purpose of constructing solar power generation facilities (hereinafter “instant power generation facilities”) around October 2018.
C. Of the adjoining land of this case, the Plaintiff tried to install a distribution line of this case with NO, G/H and Jeonju NO, G/I (hereinafter referred to as “each of the instant poles”) (hereinafter referred to as “each of the instant poles”), ② to install a distribution line of this case with the length of 50 meters on the ground attached to the parts successively connected with each of the instant points, and 380V 380V 3,40m in diameter (hereinafter referred to as “electric wires”) and connect it to the power generation of this case. However, the Defendant did not agree to install the distribution line of this case.
[Reasons for Recognition] Unsatisfy, Gap's entries in Gap's evidence 1 to 5, 8 to 11, and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff could not install power distribution lines necessary for the instant land, or require excessive costs, without passing through the adjoining land. Therefore, the Plaintiff has the right to install power distribution lines by passing through the adjoining land pursuant to Article 218(1) of the Civil Act.
In addition, among the adjoining land of this case, the installation of the power distribution line on the ground between ①, ②, and ③ the parts successively connected to each point of this case among the electric poles of this case with the indication of the attached drawing is to install the power distribution line by the place and method with the least damage to the Defendant.
The plaintiff installs the power distribution line of this case.