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(영문) 울산지방법원 2016.10.07 2015가단31437

상린관계상 시설권에 대한 수인청구

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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. Facts of recognition;

A. The Plaintiff owns a building located on the land and a building located on the land of Ulsan-gu Lbag-gu, Ulsan-gu (hereinafter “Plaintiff’s land”).

B. Of Ulsan-gu K 38.8 square meters (hereinafter “Defendant”) the Defendant B owns 18408/69407 shares, Defendant C owns 18395/69407 shares, Defendant D owns 16302/69407 shares, Defendant E owns 3762/6962 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.

[Ground of recognition] Defendant B, C: A without any dispute, each entry in Gap evidence 1 through 3, the purport of the whole pleadings, Defendant D, E, F, G, I, and J: Decision on deemed confession (Article 208(3)2 of the Civil Procedure Act) Defendant H by public notice (Article 208(3)3 of the Civil Procedure Act)

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, pursuant to Article 218(1) of the Civil Act, the Plaintiff may seek the installation of gas pipes from the Defendants.

3. Thus, the plaintiff's claim against the defendants is justified, and all of them shall be accepted, and the costs of the lawsuit shall be borne by each party, and it is so decided as per Disposition.