Text
1.(a)
Attached Form
Of the lands listed in paragraph 1 of Schedule 2, Defendant D with respect to shares of 1/4, and Defendant E with respect to shares of 3/4.
Reasons
1. Basic facts
A. Of the lands listed in the attached Table 2 List No. 1, Defendant D is a 1/4 equity right holder, and Defendant E is a 3/4 equity right holder.
B. Of the lands listed in the Attachment No. 2 List No. 4, J was a 5/18 equity right holder, but J died on November 2008, and Defendant F succeeded to J as his spouse, Defendant H and I as a child.
Therefore, among the lands listed in Section 4 of the current annexed Table 2, Defendant F is the right holder of 15/126, Defendant H and I are the right holder of 10/126, respectively.
(c) The land listed in paragraph 6 of [Attachment II] is owned by Defendant G.
Plaintiff
A is the land listed in Section 1 of the attached Table 1, the land listed in Section 2 of the attached Table 1, and the land listed in Section 3 of the attached Table 1, and the land listed in Section 3 of the attached Table 1.
E. Urban gas centers for each land and above ground building listed in the separate sheet No. 1, which are owned by the plaintiffs, were not installed. Among each land listed in the separate sheet No. 2, the land owned by the defendants is classified as a road, and the above Defendants’ land is the only passage to pass on a public road from the land owned by the plaintiffs.
[Ground of recognition] Defendant D, Defendant F: Evidence No. 1-1, Evidence No. 2-1, 3, 4, 5, 6, and evidence No. 3-1 through 6, Defendant E, G, H, H, and I: Decision by deeming confession (Article 208(3)2 of the Civil Procedure Act)
2. Where the owner of the land does not pass through another person’s land, he/she may install necessary water supply pipes, gas pipes, electric wires, etc. or require excessive costs (Article 218(1) main text of the Civil Act). According to the above facts, in order for the plaintiffs to install gas pipes to be supplied with urban gas, he/she should pass through the land listed in the attached Table 2, which is owned by the defendants. Thus, the defendants are obliged to authorize the plaintiffs to pass through the urban gas pipelines on each land listed in the attached Table 1.
3. Conclusion, the plaintiffs.