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(영문) 대구지방법원 2018.09.13 2017가합205183
도시가스관시설권확인의 소
Text

1. The defendant is each of the plaintiffs on the land of Daegu Dong-gu E site, Daegu-gu, and one lot above 149 square meters with respect to the land of 76 square meters for Daegu-gu D road.

Reasons

1. Facts of recognition;

A. The Defendant is an owner of 522.31/2385 of the co-ownership share of the Daegu-gu D road (hereinafter “instant road”), and the Plaintiffs are the owners of the Daegu-gu E-dong-gu 149 square meters, F large scale 149 square meters, and detached houses on its ground (hereinafter “instant building”).

B. The Plaintiffs intended to connect urban gas pipes to the instant building. In order to connect urban gas pipes to the instant building, the Plaintiffs could not pass through the instant road, and the Defendant could not commence construction without consent.

C. The road of this case is the only road used as entry roads for the plaintiffs and neighboring residents, and it is not possible to install urban gas pipes necessary for the building of this case unless it passes through the underground of the above road.

[Reasons for Recognition] Each entry of Gap evidence 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. Where the owner of land cannot install the necessary water supply pipes, minority pipes, gas pipes, electric wires, etc. without passing through another person's land, or requires excessive expenses, he/she may do so through another person's land;

However, it shall be installed by selecting the place and method of the lowest damage, and it shall be compensated at the request of the owner of the other land.

(Article 218(1) of the Civil Act provides that according to the above facts, the plaintiffs have the right to install urban gas pipes leading to the instant road as to the instant road, and the defendant's failure to consent to the relevant construction is also recognized as well.

3. The plaintiffs' claim is justified and accepted.

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