1. The defendant is to construct the water, sewage, and sewage to be constructed in the ground of a square of the 411m of the city road in Seongbuk-gu, Sungnam-si.

Basic Facts

The Plaintiff is the owner of a square registry of the 317m square meters, F road, the square registry of the 36m square meters, and the square registry of the 46m square meters prior to the G, which is the owner of the square registry of the 411m square meters (hereinafter referred to as the “instant road”), H miscellaneous land, which is the owner of the square registry of the 6,313m square meters prior to the Sungnam-si, Sungnam-si.

On July 30, 2014, the Plaintiff submitted an application to implement the instant water supply works (hereinafter “instant water supply works”) to construct a new building on the land of E (hereinafter “instant building”). However, from the Sungnam city, the Plaintiff received a reply from August 5, 2014 that the landowner’s consent to the use of the land should be attached to the instant water supply works in order to implement the instant water supply works from the Sungnam city. However, the Plaintiff received a reply from the Sungnam city on August 5, 2014 to the effect that the instant water supply works should pass through the instant road and when installing water pipes, etc. on another’s land pursuant to Article 6(4) of the Ordinance and Article 2(1) of the Enforcement Rule of the said Ordinance.

Despite the Defendant’s response as of August 5, 2014, the Plaintiff failed to submit a written consent to the use of the instant land due to the failure to obtain the Defendant’s consent to the use of the instant road, and eventually, on August 12, 2014, Sungnam-si returned the Plaintiff’s application for water supply works of this case, and notified the Plaintiff of the return thereof around that time.

[Ground of recognition] The facts without dispute, Gap's statements and images of Gap's evidence Nos. 1 through 5, 9, 11, 12, and 14, and the purport of the entire pleadings, asserted by the plaintiff as to the purport of the whole pleadings, and urban gas, electricity, telecommunications, and water supply and sewerage construction for the building of this case (hereinafter "facilities construction of this case") can not be actually implemented unless they pass through the road of this case. Even if the construction of the facilities of this case can be implemented through other land than the road of this case for domestic affairs, excessive costs are incurred

Therefore, since the Plaintiff has the right to implement the instant facility construction on the instant road, the Defendant is obligated to express his/her consent to the use of the instant road.

The plaintiff alleged by the defendant I is the defendant's reference.