The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Facts without dispute

A. Plaintiff A is the Plaintiff’s housing of 139 square meters in Seo-gu, Daegu-gu and its ground; Plaintiff B is the F 89 square meters in size and its ground; the Defendant is D large 93 square meters in size (hereinafter “instant land”); and the owner of the above ground housing.

B. The housing owned by the Plaintiffs did not install urban gas pipelines. The Defendant did not consent to laid urban gas pipelines on the instant land for the gas pipeline facilities of the Plaintiffs.

2. The allegations and judgment of the parties

가. 원고들의 주장 요지 원고들은 별지 도면 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉠의 각 점을 차례로 연결한 선내 부분에 도시가스관을 인입할 경우 이 사건 토지를 통과할 수밖에 없으므로 민법 제218조에 의하여 피고에 대하여 원고들에게 도시가스관 시설권이 있다는 확인을 구한다.

B. Determination 1) Article 218(1) of the Civil Act provides, “If the owner of land fails to pass through another person’s land, he/she may install the necessary water supply pipes, minority pipes, gas pipes, electric wires, etc., or require excessive costs, he/she may pass through another person’s land. However, he/she shall select the place and method where the damage is the lowest, and shall compensate for the damage at the request of the owner of the other land.” Furthermore, in cases where the owner of land installs the facilities to pass through the surrounding land, such as the water to pass through the facilities or to pass through another person’s land, he/she shall choose the lowest method of damage. Whether the place and method are so selected shall be determined in consideration of the surrounding geographic situation, the understanding and loss of the users of the surrounding land, and other all other circumstances, and shall be determined in consideration of specific cases (see, e.g., Supreme Court Decision 85Meu129, Oct. 22, 1985).