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(영문) 대구지방법원 2013.06.21 2012가단41592
송유관철거등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 1974, the Plaintiff is the owner who completed the registration of ownership transfer of 1,216 square meters in Yong-si B Seocheon-si (hereinafter “instant land”). The Defendants are companies using oil pipelines respectively in the instant land underground.

B. Defendant E-Energy Co., Ltd. (hereinafter “Defendant E-Energy”).

On April 27, 1972, Defendant SK Energy (the trade name at that time is “Korea Petroleum Corporation for a stock company”) had completed the registration of creation of easement (hereinafter “registration of creation of easement”) with the aim of “the installation, management, and passage, etc. of oil pipelines and their ancillary facilities” for the instant land from 12 to 33 of width on the east side, and from 87 point in length. At that time, the instant land was laid underground for the instant land (hereinafter “No. 1 Oil Pipeline”).

C. Defendant dopco Co., Ltd. (hereinafter “Defendant dopco”).

On November 8, 1993, Defendant dopco, including the pipelines laid underground, completed the registration of creation of divided superficies (hereinafter “the instant superficies creation registration”) with the scope of “six square meters (3 square meters from the center line of pipelines), the duration of the pipeline structures, 1,372,50 won, 1,372,50 won during the duration of divided superficies, and 5 meters underground from the surface of the land.” At that time, Defendant dopco installed the pipeline (hereinafter “the instant superficies creation registration”) on the instant land for transporting and storing petroleum products.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap evidence 1, the purport of whole pleadings

2. Determination as to the claim against the defendant dopco

A. The Plaintiff’s assertion 1 as to the main claim is laid underground by Defendant dopco around 1993.

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