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(영문) 울산지방법원 2015.06.05 2014가단66344
상린관계상 시설권 확인
Text

1. To the Plaintiff (Appointed Party) and the Appointed G:

A. Defendant B shall be not less than 75 square meters prior to H in Yangsan-si and not more than 44 square meters of I road in Yangsan-si.

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the determination as to the claim against Defendant B; or (b) comprehensively taking account of the overall purport of the entries and arguments in the evidence Nos. 1 through 5, the Plaintiff (Appointed Party) is the owner of K-186 square meters in Yangsan-si; (c) the Appointed Party G is the owner of G-205 square meters in Yangsan-si; (d) Defendant B is the owner of 75 square meters in Yangsan-si and 44 square meters in Yangsan-si; and (e) the owner of H75 square meters in Yangsan-si and 44 square meters in Yangsan-si; and (e) if

According to the above facts of recognition, the Plaintiff (Appointed) and the Selection G have the right to gas pipes under Article 218(1) of the Civil Act on the land owned by the Defendant B, and the Defendant B has the duty to confirm it.

Therefore, the plaintiff (appointed party)'s claim against the defendant B is accepted due to the reasons.

2. Determination as to claims against Defendant C, D, E, and F

A. The Plaintiff (Appointed Party) is the owner of K 186 square meters in Gyeyang-si, Yangsan-si. G is the owner of 205 square meters in Yangsan-si, and Defendant C, D, E, and F are co-owners of the J 76 square meters in Yangsan-si.

In the absence of the above Defendants’ sharing of land, gas pipes necessary for the land owned by the Plaintiff (Appointed Party) and the Selection G cannot be installed.

Accordingly, the Plaintiff (Appointed Party) and the Selection G have the right to gas pipes under Article 218(1) of the Civil Act with respect to the above Defendants’ co-ownership of land, and the said Defendants have the duty to confirm it.

B. (1) Articles 208(3)2 and 150(3)(2) of the Civil Procedure Act (with respect to Defendant C, D, and F), 208(3)3 of the Civil Procedure Act (with respect to Defendant E) of the judgment by publication

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