1. The defendant is each of the plaintiffs on the land of Daegu Dong-gu E site, Daegu-gu, and one lot with respect to the size of 266 square meters for Daegu-gu D road.

1. Facts of recognition;

A. The Defendant is an owner of 522.31/2,385 of the co-ownership share of 266㎡ of Daegu-gu D road (hereinafter “instant road”), and the Plaintiffs are the owners of Daegu-gu E-gu, 185С of land for a factory, 149С of land for a F, and detached houses on the ground thereof (hereinafter “instant building”).

B. The Plaintiffs intended to connect urban gas pipes to the instant building. In order to connect urban gas pipes to the instant building, the Plaintiffs could not pass through the instant road, and the Defendant could not commence construction without consent.

C. The road of this case is the only road used as entry roads for the plaintiffs and neighboring residents, and it is not possible to install urban gas pipes necessary for the building of this case unless it passes through the underground of the above road.

[Reasons for Recognition] Each entry of Gap evidence 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. Where the owner of land cannot install the necessary water supply pipes, minority pipes, gas pipes, electric wires, etc. without passing through another person's land, or requires excessive expenses, he/she may do so through another person's land;

However, it shall be installed by selecting the place and method of the lowest damage, and it shall be compensated at the request of the owner of the other land.

(Article 218(1) of the Civil Act provides that according to the above facts, the plaintiffs have the right to install urban gas pipes leading to the instant road as to the instant road, and the defendant's failure to consent to the relevant construction is also recognized as well.

3. The plaintiffs' claim is justified and accepted.