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(영문) 대구지방법원 서부지원 2017.01.12 2016가단5416

도로사용승낙의사표시

Text

1. The Defendant shall use gas pipes to the Plaintiff (designated parties) and the designated parties on the underground of the Daegu-gu C road of 179m2.8m2.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter only referred to as the “Plaintiff”) is the owner of the F-ground building D in Daegu-gu, and the Appointor G is the owner of the H-ground building, the Appointor G is the owner of the J-ground building, K is the owner of the N-ground building, the Appointor K is the owner of the N-ground building, the Appointor M is the co-owner of the N-ground building, the P-ground owner of the P-ground building, and the Defendant is the owner of the 179.8 square meters of the C-Road (hereinafter “instant land”).

B. To supply urban gas to each of the above buildings owned by the Plaintiff and the designated parties, the instant land must be passed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff and the designated parties are unable to install gas pipes necessary for each of the above buildings owned by them unless they pass through the land of this case owned by the defendant, or excessive costs are incurred in installing them. Thus, the plaintiff and the designated parties may install gas pipes by passing the land of this case pursuant to the main sentence of Article 218(1) of the Civil Act.

I would like to say.

However, pursuant to the former part of Article 218(1) proviso of the Civil Act, the Plaintiff and the designated parties shall install gas pipes by selecting the place and method where the damage to the Defendant is the lowest, and in full view of the overall purport of the pleadings in the written evidence Nos. 1, 2, and 3, the Plaintiff and the designated parties may recognize the fact that the installation of gas pipes to Q Q land is the least method of damage to the Defendant, based on the sewage stuff installed previously, such as the indication of the attached drawing. As such, the Plaintiff and the designated parties have the right to install gas pipes in the underground of the instant land by the above method, and the Defendant are dissatisfied with this, thereby recognizing the benefit of confirmation.

3. The defendant's assertion is determined by establishing gas pipes. The plaintiff and the designated parties will join the defendant.