도시가스관 시설공사 방해금지 청구의 소
1. The Defendants indicated the Plaintiff’s survey and appraisal of attached Table 1 among the 5,835 square meters in Seongbuk-gu Seoul Special Metropolitan City B Religious Site No. 8,51,52,53,54,55.
1. Basic facts
A. The Plaintiff is the owner of Seongbuk-gu Seoul Metropolitan Government building of 265 square meters (hereinafter “instant building site”) and the five-story public building located on its ground (hereinafter “instant building”). The Defendants are co-owners of Seongbuk-gu Seoul Metropolitan Government B Religious Site of 5,835 square meters adjacent to the instant land (hereinafter “instant religious site”).
B. On July 3, 2012, the Plaintiff had obtained a construction permit from the competent authority with respect to the construction of the instant building and obtained approval from the head of the competent Gu with respect to the instant building on July 3, 2012.
C. On December 21, 201, the Plaintiff entered into a contract with the Collaborative Construction Co., Ltd. on the construction of urban gas pipelines in the instant building. The Plaintiff, in consultation with the Defendants, tried to undertake the construction of urban gas pipelines from the instant building to the urban gas pipelines laid underground in the instant religious site. However, the Defendants did not consent thereto.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each branch number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of claim
(a) Where a landowner cannot install the required water pipes, minority pipes, gas pipes, electric wires, etc. without passing through another person’s land, or requires excessive costs, he/she may do so through another person’s land;
However, it shall be installed by selecting the place and method of the lowest damage, and it shall be compensated at the request of the owner of the other land.
(Article 218(1)(b) of the Civil Act.
The following facts may be acknowledged in full view of the facts without dispute, Gap evidence 7, Gap evidence 9, and 10, and the purport of the whole pleadings as a result of the survey and appraisal by an appraiser.
① The site of this case is located around the site of this case as a certified copy of cadastral map in attached Form 2.