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(영문) 대구지방법원 서부지원 2018.05.16 2017가단11852
사유지도로의 사용승낙
Text

1. The Defendant has urban gas pipelines with respect to the size of 88 square meters on the Daegu-gu E-road to the Plaintiff (Appointed Party) and the Appointed Party D.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter the same applies) is the owner of the land and the housing on its ground located in the Seogu-gu, Seogu, Daegu-gu, and D is the owner of the G land and the housing on its ground (hereinafter the combination of the above land and housing) in the Seogu, Seogu, Daegu-gu, and the owner of the land and the housing on its ground, and the Defendants are the owners of the land of 88 square meters adjacent to them (hereinafter the “instant land”).

B. As indicated in the Appendix 2, the instant land is used as the only road leading to the Plaintiffs’ land and housing, and urban gas supply to the Plaintiffs’ housing, as indicated in the Appendix 2, must pass through the instant land.

C. Around June 2015, the Plaintiff and the selector agreed with gas facility companies to allow the Defendant to lay a gas pipe on the ground of the instant land, but the Defendant rejected this.

As a result, the plaintiff has not used urban gas in the housing of the plaintiffs until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, entry of Eul evidence 2 and 3, purport of whole pleadings

2. The parties' assertion

A. Urban gas pipelines for the plaintiffs' land and housing cannot be installed without passing through the land of this case, or excessive costs are incurred.

Therefore, the Plaintiff has the authority to install gas pipes on the instant land pursuant to Article 218(1) of the Civil Act.

B. The Plaintiff did not provide the Defendant with any consultation or compensation, and it cannot be accepted to allow the Plaintiff to use the instant land permanently without compensation.

Therefore, it cannot be deemed that the Plaintiff’s right to gas pipeline facilities concerning the instant land is recognized.

3. The owner of the land, without passing through another person’s land, shall be entitled to install the necessary water supply pipes, gas pipes, electric wires, etc., or require excessive costs.

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