A. On February 25, 2008, the Plaintiff purchased 175 square meters (hereinafter “Plaintiff’s land”) in Gyeonggi-do District Court C voluntarily auction procedure, and completed the registration of ownership transfer on March 4, 2008. The above land has a house owned by the Plaintiff (hereinafter “Plaintiff’s housing”).

B. The Defendant is the owner of the land listed in Annex 1. List No. 1, and is the 1/2 right holder of the land listed in Annex 2.

(hereinafter referred to as “each of the instant lands” in Appendix 1. C

Around 2014, the Plaintiff requested the Defendant to agree that urban gas supply pipes and artificial gas supply pipes (hereinafter “urban gas supply pipes, etc.”) be attached to each underground of the instant land in order to supply urban gas to the Plaintiff’s housing, but the Defendant rejected such request.

[Ground of recognition] Facts without dispute, Gap's 1 to 5, and Gap's 7 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Urban gas supply pipes, etc. for the Plaintiff’s alleged housing cannot be annexed without passing through each of the instant land.

Therefore, the Plaintiff has the right to annex the gas supply pipes, etc. on each of the above lands pursuant to Article 218(1) of the Civil Act, and the Defendant is obligated to express his/her consent as stipulated in paragraph (1) of the same Article

B. The plaintiff's claim of this case is merely merely causing damage to the defendant for the plaintiff's mere economic interest. The plaintiff's claim of this case is without merit since the plaintiff leases the plaintiff's house to another person and does not reside directly in the above house.

3. Determination

(a) The owner of land may install the necessary water, gas, electric wires, etc. without passing through another person’s land, or where excessive costs are required, passing through another person’s land, provided that such facilities are above.