가스관 시설권 확인 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments as to the assertion that the defendant emphasizes in the trial of the court of first instance, and thus, it is acceptable as it is by
2. The defendant asserts that the plaintiff should obtain consent from the defendant or pay the user fee to the defendant in order to establish the gas pipe.
As seen earlier, as long as the right of gas pipes under Article 218(1) of the Civil Act is acknowledged to the Plaintiff, the Defendant is obligated to permit the installation of the Plaintiff’s gas pipes. As to the Plaintiff’s use of the land owned by the Defendant for the installation of the gas pipes, there is room for the Defendant to seek against the Plaintiff for payment of unjust enrichment equivalent to the rent for rent.
Even if the defendant cannot prevent the exercise of the plaintiff's gas pipeline facility right, the defendant's above assertion is without merit.
3. In conclusion, the first instance judgment is just and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.