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(영문) 울산지방법원 2015.05.29 2014가단28199
상린관계상 시설권에 대한 수인청구
Text

1. The Defendants are real estate indicated in the separate sheet in the Plaintiffs with respect to each 1/12 share of 45 square meters among the 45 square meters of Ulsan-gu OO road.

Reasons

1. Facts of recognition;

A. The Plaintiff A is each owner of the real estate listed in paragraph (1) of the attached Table No. 1, and the Plaintiff B is each owner of the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “the Plaintiff’s own land”). The Defendants are co-owners of the land located in Ulsan-gu U.S. O. 45m2 (hereinafter “instant surrounding land”).

B. The land owned by the Plaintiffs is surrounded by each land around the instant case, including P, Q, R, S, T, and U.

C. The Plaintiffs entered into a contract to install urban gas facilities between the Plaintiff’s land and its ground, and in order to install urban gas facilities on the land owned by the Plaintiffs, it is necessary to reclaim and install urban gas pipelines on the ground around the instant surrounding land.

[Ground of Recognition] Defendant K: Each description of Gap evidence Nos. 1 through 4 (including each number), the whole purport of the pleadings, and Defendant C, E, F, H, I, L, M, and N: Confession judgment (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) Defendant D, G, and J: Service by publication (Article 208(3)3 of the Civil Procedure Act)

2. According to the above facts, in order to install urban gas facilities on each land owned by the plaintiffs, installation of urban gas pipes through the surrounding land of this case shall be the place and method with the lowest damage. Thus, the plaintiff has the right to gas pipes under Article 218(1) of the Civil Act as to the surrounding land of this case.

Therefore, the defendants have the duty to allow the installation of facilities to pass through the urban gas pipe from each land owned by the plaintiffs with respect to the surrounding land of this case.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claims of this case are with merit.

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