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(영문) 울산지방법원 2016.05.11 2015가단12177

상린관계상 시설권에 대한 수인청구

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1. As to Defendant C’s share of 27/81 in Ulsan-gu L. 24m2 and M road of 28m2, Defendant D and H shall each share of 9/81.

Reasons

1. Facts of recognition;

A. In relation to land ownership, Plaintiff A is the owner of the land listed in attached Table No. 1, and Plaintiff B is the owner of the land listed in attached Table No. 2.

N,O, and Defendant C are the owners of 1/3 shares of each of the 24 square meters and M-road 28 square meters (the sum of the above land is hereinafter referred to as “instant land”) in Ulsan-gu L., Ulsan-gu.

N on April 13, 2007, the wife succeeded to the N’s property jointly (Defendant H: 3/9 shares, Defendant I, J, and P, each of 2/9 shares).

The O died on July 28, 2013, and the husband succeeded jointly to the property of Defendant D, Defendant E, F, and G (Defendant D: 3/9 shares, Defendant E, F, and G 2/9 shares).

B. In the situation of the establishment of a gas supply center, the land of this case is the only contribution to each land listed in the separate sheet owned by the plaintiffs, and without using part of the land of this case, gas pipes for the supply of urban gas can not be established.

[Reasons for Recognition] Defendant H, I, J, and K: Unstrifed facts, Gap 1, 2, and 3 evidence, the purport of the entire pleadings, Defendant C, D, E, F, and G: Confession Judgment (Article 208(3)3 of the Civil Procedure Act)

2. The Plaintiffs, without passing through the instant land, should be unable to install gas pipes necessary for the Plaintiffs’ land owned, or excessive costs.

Therefore, pursuant to Article 218(1) of the Civil Act, the Plaintiffs may seek the installation of gas pipes from the Defendants.