도시가스배관철거등
1. Defendant E removes urban gas pipelines laid underground on the ground of 165 square meters prior to Busan Jin-guO in Busan, Busan.
2...
1. Basic facts
A. On May 29, 1974, the Plaintiff completed the registration of ownership transfer with respect to the share of 400/550, out of the share of 182 square meters in Busan-gu, Busan-gu, Busan-do. On December 5, 2000, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property as to the share of 1154/1650, out of the remainder of 165 square meters remaining after dividing the share of 17 square meters in P from the above land (hereinafter “instant land”).
B. Defendant El branch Energy Co., Ltd. (hereinafter “Defendant El branch Energy”) contracted urban gas pipeline construction from Busan Urban Gas Co., Ltd., and performed the Busan Urban Gas Pipelines construction in order to supply urban gas to housing located in Q, R, S, and T-land located in the vicinity of the instant land.
C. The remainder of the Defendants, other than Defendant LEL Energy, are those who are supplied with urban gas through the above urban gas pipeline.
[Reasons for Recognition] The statement of confession (which is between the plaintiff and defendant E), Gap evidence No. 1, Eul evidence No. 3, video, the purpose of all pleadings
2. The Plaintiff asserted that the Defendants laid urban gas pipelines on the ground of the instant land without the Plaintiff’s consent, which is a co-owner of the instant land, and sought the removal of the said pipelines as a joint tortfeasor, while claiming the removal of the said pipelines as a joint tortfeasor.
3. Judgment on confession as to the claim against Defendant E (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
4. Determination as to claims against the remaining Defendants
(a) In order to seek removal of obstacles installed on the ground by taking ownership of the land over the claim for removal caused by the act of preservation of the article jointly owned, it shall be done against the owner of the obstacles or against the person who is legally or practically in the position to dispose of the obstacles.
(see, e.g., Supreme Court Decisions 2009Da1092, May 14, 2009; 91Da11278, Jun. 11, 1991). The above Defendants are installed on the instant land.