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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
Judgment ex officio is made.
1. Review of the reasoning of the lower judgment and the record reveals the following facts.
On July 30, 2014, the Plaintiff filed an application for the implementation of water supply works with respect to the water supply of a building newly built on the ground (hereinafter “instant water supply works”). The Plaintiff, on August 5, 2014, shall pass through a road of 411 square meters (hereinafter “instant road”) in Sungnam-gu, Sungnam-si, Sungnam-si, and when installing water pipes, etc. on another’s land, he/she must submit a written consent to the landowner’s land use in accordance with Article 6(4) of the Ordinance on Water Supply and Waterworks and Article 2(1) of the Enforcement Rule of the Ordinance on Water Supply and Waterworks in Sungnam-si.
B. Article 6(4) of the Seongbuk-gu Water Supply Ordinance provides that "the Mayor may, if deemed necessary for the application for water supply, have interested persons submit a written consent to the application," and Article 2(1) of the Enforcement Rule of the Water Supply Ordinance of Seongbuk-gu Water Supply shall submit an application for water supply works in attached Form 1 to the Sung-nam City Mayor: Provided, That where a person who intends to apply for water supply works in accordance with Article 6(1) of the Ordinance on Water Supply of the Water Supply of Seongbuk-si Water shall submit an application for water supply works in attached Form 1 to the Sung-nam City Mayor: Provided, That where it is intended to install another person's land or building, a written consent shall be attached to the owner of the land or building; and the written consent to the land use of the road requested to submit through the above reply is written in the form of land use, stating that "the road in this case is one's own land, and is incorporated into the
C. The Plaintiff failed to submit the Defendant’s written consent to land use at Sungnam-si, and on August 12, 2014, Sungnam-si returned the Plaintiff’s application for water supply works of this case.
Accordingly, the Plaintiff.