수도 등 시설권 확인의 소
1. The plaintiff's main claim is dismissed.
2. It shall be indicated by the annexed drawing among 149 square meters in the land of Kuung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of 176m2 and 330m2 (hereinafter “instant adjoining land”) in Yeongdeungpo-gu, Suwon-si, the Plaintiff is the owner of the land adjacent to the said land, and the Defendant is the owner of C forest land and 149m2 (hereinafter “instant land”).
B. The instant land is a road under the Building Act that was designated and publicly notified as a road on July 2005 by the Yongsan-si market.
C. In order to install facilities, such as water supply and drainage, communications, gas, and electricity, on the adjoining land of the instant case, the least cost is required to install the facilities via the instant land, and the possible other methods require excessive cost.
The minimum distance leading to the neighboring land of this case and the minimum area necessary for the construction of the above facilities in the water supply and drainage pipe of the land of this case are 4 square meters in the part on the ship (b) and 11,10,9,8,11 in the attached Form No. 15, 14, 13, 12, and 15 attached Form No. 15, and the part on the ship (c) part (c) of the attached Form No. 11, 10, 9, 8,
E. The plaintiff requested the defendant to use the land of this case for the construction of warehouse on the adjacent land of this case, but the defendant rejected the plaintiff's request.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers in case of additional number), the result of this court’s verification, the result of appraiser F’s appraisal, the purport of the whole pleadings
2. Judgment on the main claim
A. On November 29, 2018, the Plaintiff and the Defendant agreed to purchase the adjoining land of this case from the Plaintiff at the amount of the result of the market price appraisal (commission) conducted by this court at the fifth date for pleading of this Court.
Therefore, the Defendant is obliged to pay KRW 270,820,000 to the Plaintiff at the market price of the adjoining land of this case according to the result of market price appraisal ( commission) at the same time with respect to the adjoining land of this case due to the above sale agreement.
(b).