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(영문) 울산지방법원 2020.10.14 2020가단1379

상린관계상시설권에 대한 수인

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1. The Defendants are urban gas pipes necessary for the Plaintiff with respect to the size of 38.8 square meters on the Ulsan-gu K road.

Reasons

1. Basic facts

A. The Plaintiff owned 131.8 square meters in Ulsan-gu, Ulsan-gu (hereinafter “Plaintiff’s land”).

B. Of the 38.8 square meters, Defendant B owns 18407/69407 shares, Defendant C owns 18395/69407 shares, Defendant D owns 16302/69407 shares, Defendant E owns 3762/69407 shares, Defendant F, G, H, I, and J owns 2508/69407 shares, respectively.

C. The Defendants’ land is the only meritorious service leading to the Plaintiff’s land, and no gas pipe may be established to supply urban gas to the Plaintiff’s land unless a part of the Defendants’ land is used.

【Fact-finding without dispute over the basis of recognition, Gap 1 through 4 (including more than one number), the purport of the whole pleadings.

2. According to the above facts of recognition, the Plaintiff, without passing through the Defendants’ land, is unable to install necessary gas pipes on the Plaintiff’s land or requires excessive costs.

Therefore, even if the Defendants may demand compensation for damages to the Plaintiff, the Plaintiff may seek a permit for the installation of gas pipes from the Defendants pursuant to Article 218(1) of the Civil Act.

[Defendant B and other Defendants (Article 208(3)2 of the Civil Procedure Act). 3. Conclusion, the Plaintiff’s claim against the Defendants against the Defendants is justified.