A. 1) The Plaintiffs are 580 square meters of forest land D in Gwangju City (hereinafter “instant forest”).

As a co-owner, a building is newly constructed on the ground. 2) The underground space of the E-road 681 square meters in Gwangju-si, Gwangju-si (hereinafter “instant road”). The forest of this case is connected to the instant road, and except that, the Plaintiffs are expected to carry out construction of facilities, such as excellent pipes for new buildings, sewage pipes, etc., among the instant roads, from the 16 square meters of land to the north-do road.

3) The instant road was owned by F, G, H, I, J, K, and L. The remaining co-owners, other than G and H, did not consent to the use of the instant road for facilities, such as the Plaintiffs’ excellent pipelines, the Plaintiffs filed a lawsuit against the said co-owners on June 19, 2019 by filing a lawsuit for confirmation of the right to use excellent pipelines and water supply and drainage pipes with the Suwon District Court 2018Da220405, and the said judgment became final and conclusive around that time. D. However, on April 30, 2019, before the closing of the argument in the instant lawsuit, I transferred one’s own share among the instant roads to the Defendant on April 30, 2019.

B. According to Article 218(1) of the Civil Act, a landowner may construct a facility by passing through another’s land, where necessary water supply, minority, gas pipes, electric wires, etc. are not available or excessive costs are required without passing through another’s land.

In full view of the facts acknowledged earlier including the litigation process of the plaintiffs and co-owners of the forest of this case, it is impossible or excessive to install an excellent pipe, sewage pipe, etc. necessary for new building on the ground of the forest of this case unless the plaintiffs pass the road of this case.