1. The Defendant confirmed that the Plaintiff had the right to gas pipes with respect to the Daegu-gu Incheon Metropolitan City road C 83.8 square meters, and confirmed that the Plaintiff had the right to gas pipes.

1. Basic facts

A. The Plaintiff is the owner of land in Daegu Seo-gu, Daegu-gu, 220.6 square meters of land and its ground neighborhood living facilities and housing (hereinafter each “Plaintiff’s land”) and the Defendant is the owner of C road 83.8 square meters adjacent thereto (hereinafter “instant land”).

B. The instant land, such as the attached drawing indication, is used as a road leading to the Plaintiff’s land and housing from the route public road (alleyway).

C. Around July 2016, the Plaintiff entered into a facility construction contract with a gas facility business entity, and sought permission to lay a gas pipe in the vicinity of one meter below the instant land, but the Defendant rejected such permission.

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

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. The parties' assertion

A. Urban gas pipelines for the Plaintiff’s land and housing cannot be installed without passing through the instant land, 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 Defendant gas control facility right shall comprehensively take into account the shape and use of both land, the surrounding geographical state, etc.

However, the Plaintiff did not provide any compensation to the Defendant, and the land of this case does not constitute the only route for the installation of gas pipes, and thus, the Plaintiff cannot be deemed to have the right to gas control over the land of this case.

3. The owner of the land, without passing through another person’s land, may install the necessary water supply pipes, gas pipes, electric wires, etc., or require excessive costs, passing through another person’s land. However, if such facilities are installed, the owner of the land must choose the place and method where the damage to another person’s land is the lowest.