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(영문) 울산지방법원 2016.02.12 2015가단52922
소유권확인
Text

1. The Defendants are with respect to each share indicated in the separate sheet of shares among the 70.3 square meters in the Nam-gu J road in Ulsan-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) is an owner of 197 square meters in Nam-gu, Ulsan-gu, Kagsan-gu, and the Selection L is an owner of 191.7 square meters in Ulsan-gu, Ulsan-gu, Magsan-gu.

(hereinafter referred to as “Plaintiffs”). (b)

The Defendants are co-owners of each share indicated in the separate sheet of shares of 70.3 square meters in the Nam-gu J-gu, Ulsan-gu.

C. The above J-gu, Ulsan-gu, J. 70.3 square meters is the only contribution to each of the above sites owned by the plaintiffs, and the gas pipes for supplying urban gas to the land owned by the plaintiffs are not installed unless part of the above roads are used.

[Based on the recognition] Defendant B, C, D, and E: The absence of dispute, each entry in Gap evidence Nos. 1 through 6 (including attachment of a serial number), the purport of the entire pleadings, Defendant F, G, H, I: Confession (Article 208(3)3 of the Civil Procedure Act)

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the plaintiffs cannot install the gas pipes necessary for the plaintiffs' land, or require excessive costs, unless they pass through the land Nos. 1 and 2. Thus, the plaintiffs may seek the installation of the gas pipes from the defendants pursuant to Article 218(1) of the Civil Act.

B. The Defendants’ assertion as to Defendant B, D, and E alleged that they should compensate the Defendants for damages caused by the installation of gas pipes. Thus, in the event that the Defendants suffered property damage to the Defendants due to the establishment of the gas supply center, the Defendants cannot prevent the Plaintiffs from exercising their right to gas pipes on the ground of the above liability for compensation, even if they sought compensation for damage under the latter part of Article 218(1) of the Civil Act. Thus, the Defendants’ assertion cannot be accepted.

3. If so, the plaintiffs' claims against the defendants are accepted in its reasoning, and the costs of lawsuit are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices.

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