beta
(영문) 부산지방법원 2019.10.02 2019가단309814

시설권확인

Text

1. The defendant confirms that the plaintiffs have the right to install urban gas as to the real estate stated in the attached list.

2.

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Plaintiffs are each owners of buildings E, F, and G ground in Busan Dong-gu, Busan, and the Defendant is the real estate indicated in the separate sheet (hereinafter “instant land”).

(2) The cadastral map and location of urban gas pipelines for each real estate owned by the Plaintiffs and the Defendant are as follows:

GFE 3) The above buildings owned by the plaintiffs did not have a facility for urban gas management, and they must pass through the land of this case in order to install them, and the defendant does not consent to the plaintiffs' urban gas center facilities. [Grounds for recognition] The defendant does not have any dispute, Gap 1-3 evidence, Eul 2 evidence (including these numbers), the purport of the whole pleadings.

B. The owner of land can install necessary water supply pipes, minority pipes, gas pipes, electric wires, etc. without passing through another person’s land, or require excessive costs (Article 218(1) main text of the Civil Act). According to the above acknowledged facts, the plaintiffs must pass through the land of this case owned by the defendant in order to install gas pipes to supply urban gas. Thus, the plaintiffs have the right to install urban gas pipelines by passing the land of this case, and the defendant has the right to do so so.

2. The defendant's assertion argues that it is unfair to install urban gas pipes on the land of this case owned by the defendant without reasonable compensation by the plaintiffs.

However, if a landowner installs necessary gas pipes by passing through another person's land, he/she shall compensate for damages at the request of another landowner (proviso of Article 218 (1) of the Civil Act). Thus, the Plaintiffs are obliged to compensate for damages incurred by installing urban gas pipes passing through the instant land at the request of the Defendant later.

However, such liability for compensation.