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(영문) 대전지방법원천안지원 2015.03.20 2014가합102282

오수관등의 시설방해금지

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an owner of the 146 square meters wide and Seobuk-gu, Seocheon-gu, Seocheon-si, and completed the instant building on or around July 2013, upon obtaining a building permit from the Yanananan-si in order to construct Class II neighborhood living facilities (hereinafter “instant building”).

The above building permit was made on the condition that the drainage pipe of the instant building was connected to the public manle (hereinafter “Amanle”) installed on the road at the front section of the instant building. The above building permit was not yet approved for the use of the instant building on account of deficiencies in the above conditions.

B. The Defendant is the owner of C large-scale 968 square meters, which is the neighboring land of the said D land (hereinafter “instant land”).

Of the instant land, another manle (hereinafter referred to as “B Manlele”) connected to the sewage culvert such as A Manle is installed in the area adjacent to the front side of the instant building.

【Unsatisfy-founded facts, Gap’s evidence Nos. 1, 2, 6, and 7-1, 2, and 10-1 through 4 of the evidence Nos. 10, Eul’s evidence Nos. 2, and the court’s fact-finding results of the fact-finding, the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s alleged building was constructed on the condition that the drainage pipe connects to A Manle. However, Article 29 of the Sewerage Act (Use of Other Person’s Land or Drainage System) (1) Article 29 of the Sewerage Act (Use of Other Person’s Land or Drainage System) (1) Article 27 of the same Act, in a case where the person, who installs drainage facilities or manages them, has a difficulty in flowing sewage into the public sewerage or cannot manage it without using another person’s land or draining

(2) Any person who uses drainage facilities of a third party in accordance with paragraph (1) shall be required to install or manage them according to the ratio of gains.