A. The Plaintiff is the owner of the land and its ground buildings in Gangnam-gu Seoul Metropolitan Government (hereinafter “Plaintiff’s land”) or the Plaintiff’s housing, and the Defendant is the owner of E’s land and its ground buildings adjacent to the Plaintiff’s land (hereinafter “Defendant’s land or “Defendant’s housing”).

B. The Defendant’s land was partially laid underground urban gas pipelines to supply urban gas to the Plaintiff’s housing. However, around August 2015, the Defendant cut part of the above urban gas pipelines (less than 1m) laid underground on the Defendant’s land.

C. Accordingly, the Plaintiff requested the Defendant to consent to the extension of urban gas pipelines to supply urban gas to the Plaintiff’s housing, but the Defendant rejected such request. Accordingly, the Plaintiff did not receive urban gas from the Plaintiff’s housing until the payment is made.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1, Eul evidence 3-2, the purport of the whole pleadings

2. The parties' assertion

A. Urban gas pipelines for the plaintiff's alleged plaintiff's housing cannot be installed without passing through the defendant's land, or excessive costs are incurred.

Therefore, as the Plaintiff has the right to lay urban gas pipelines on the Defendant’s land pursuant to Article 218(1) of the Civil Act, the Defendant is obligated to express his/her consent as stipulated in paragraph (1) of the same Article.

B. The plaintiff alleged by the defendant is expected to lay urban gas pipelines via the defendant's land because of the occurrence of a large number of time and expenses of underground gas pipelines without passing through the defendant's land even though the plaintiff could lay urban gas pipelines without passing through the defendant's land. Since the plaintiff's claim is unreasonable.

3. The owner of the land, without passing through another person’s land, shall be unable to install the necessary water supply pipes, gas pipes, electric wires, etc. or require excessive costs.