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(영문) 대구지방법원서부지원 2020.07.16 2019가단2517
수도,가스,전기등 시설권 존재확인
Text

1. The defendant aims to lay urban gas pipelines underground for the plaintiffs with respect to the Daegu-gu D road 47.1 square meters.

Reasons

Based on the facts, Plaintiff A is the Plaintiff’s housing with a size of 153.5 square meters in Daegu-gu E, and its ground; Plaintiff B is the F.F. 153.5 square meters and its ground; the Defendant is the G substitute 149.4 square meters and its ground; H is the owner of the housing with a size of 149.5 square meters in 149.5 square meters and its ground.

The Plaintiffs, the Defendant, and H share 1/4 shares of 47.1 square meter (hereinafter “instant access road”) of the Daegu-gu Office of Month, Daegu-gu, which falls under the access road of each of the above houses.

The access road of this case is used as the only passage leading to the plaintiffs' land and the housing on the ground from the public road of Daegu-gu J road (hereinafter referred to as the "Road of this case").

In the building owned by the plaintiffs, urban gas pipelines were not installed, and the defendant does not consent to laid urban gas pipelines on the access road of this case for the plaintiffs' urban gas pipeline facilities.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence 1 through 10, assertion and judgment of the parties to the whole pleadings

A. A judgment on the cause of a claim 1) In the event that the owner of land cannot install necessary water pipes, sewage pipes, gas pipes, electric wires, etc. without passing through another person’s land or requires excessive costs, he/she may construct them by passing through another person’s land (Article 218(1) main sentence 2 of the Civil Act). As to the instant case, urban gas pipelines laid underground on the access road of this case are necessary for the plaintiffs’ housing use. The access road of this case is the only passage to the road of this case to the plaintiffs, and if the access road of this case does not pass through the underground part of the above access road, it would be deemed that gas pipes cannot be installed or excessive costs would be required to install the access road of this case. Since the access road of this case was already provided to the plaintiffs and the defendant’s passage, the installation of urban gas pipelines in such underground cannot be deemed to exceed the defendant’s limit

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