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(영문) 대전지방법원 홍성지원 2018.07.11 2017가단5198
전선 등의 시설권확인
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. The Plaintiff is the owner of “E land”, “F land”, and “G land” in the attached Form 1,00 square meters (hereinafter referred to as “C land” in the attached Form 1; hereinafter referred to as “C land”) and the owner of “D land” and “D land” in the attached Form 1,006 square meters (hereinafter referred to as “C land” in the attached Form 1; hereinafter referred to as “C land”) and the D ditch 66 square meters (hereinafter referred to as “B” in the attached Form 1), respectively.

B. Defendant B owned 926 square meters (the land located immediately below the part (Ga) in the attached Form 1; hereinafter “H land”) prior to the Chungcheongnam-gun budget-gun located on the south of land C, and obtained permission from the budget-gun to use the land as a arable land, Defendant B is a person who occupies and uses H land and C land as a arable land.

C. It is already installed a telegraphic share holder at a point (which is located on the west boundary of the land I in the Chungcheongnam-gun budget-gun), and a point (which is located on the east boundary of the land J in the Chungcheongnam-gun budget-gun).

[Basic Facts] The facts without dispute, Gap evidence 1-1 through 3, Gap evidence 2-1, 2, Gap evidence 3, 4, Eul evidence 3-1 through 3, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff is unable to be supplied with electricity on the land E, F, and G without a telegraph pole and electric cable by passing through the part of the attached drawing indication (A) and (b) of the land owned by the Defendant Republic of Korea, among the land owned by the Defendant Republic of Korea, or excessive cost is required for the supply of electricity.

Therefore, the Plaintiff may claim against the Defendant Republic of Korea, who is the owner of the land C and D, the right to install the telegraph and cable pursuant to Article 218(1) of the Civil Act, and there is a benefit to seek confirmation of such right.

On the other hand, Defendant B, who occupies and uses C’s land as a arable site (debrison), shall use telegraph and electric wires through the part indicated in the attached Form C among the land.

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