(영문) 서울북부지방법원 2018.10.17 2017나31959

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.10.17 2017나31959

기타(금전)

Text

1. Following the amendment of the purport of the claim by this court, the judgment of the first instance is modified as follows.

Seoul, Seoul, owned by the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land and its ground buildings in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “Plaintiff’s land”; and the Defendant is the owner of the land and its ground buildings adjacent to the Plaintiff’s land (hereinafter referred to as “Defendant’s land”); and the Defendant is the owner of the land and its ground buildings adjacent to the Plaintiff’s land.

B. Around August 30, 2004, the Defendant agreed to use an urban gas pipeline on the Defendant’s land for the supply of urban gas to the Plaintiff’s housing. At that time, the said company installed an urban gas pipeline that connects each point of the Defendant’s land, 1, 5.4m in length, 1, 5m in length, 5.4m in length, connecting each point of the Defendant’s land, 2, 3, and 4m in length, 0.4m in length, 2, 0.5m in length, connecting each point of the Defendant’s land, 3, and 4m in length.

C. Around August 2015, the Defendant cut part of the instant pipelines laid underground on the Defendant’s land, and the Plaintiff requested that the Defendant connect the instant pipelines in order to supply urban gas to the Plaintiff’s housing, but the Defendant rejected the Plaintiff’s request.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 3 through 5 (including branch numbers), the result of the commission of appraisal to G Co., Ltd. (Appraiser H), the purport of the whole pleadings

2. Determination as to the Defendant’s assertion on the merits

A. The defendant asserts that there is no interest in confirmation, and that the defendant consented to the FF corporation's use of urban gas pipelines on the land of the defendant for the supply of urban gas to the plaintiff's housing on August 30, 2004, and that the lawsuit of this case seeking confirmation of the right to use the pipelines of this case against the defendant's land is unlawful as there is no interest in confirmation.

Around August 2015, the plaintiff cut part of the pipelines of this case and restored them again.

유사 판례

-서울북부지방법원 2017.02.09 2016가단131929

-부산지방법원 2014.04.25 2012가단91886

-대구지방법원서부지원 2020.07.16 2019가단2517

-수원지방법원 성남지원 2018.11.09 2018가단203745

-대전지방법원 2018.11.29 2016가단209624