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(영문) 울산지방법원 2016.07.19 2016가단53823
상린관계상 시설권에 대한 수인청구
Text

1. The Defendants pass through an urban gas pipe necessary for the Plaintiff’s 173m2 with respect to the area of 71m2, Nam-gu, Ulsan-gu C road.

Reasons

1. Facts of recognition;

A. Land ownership-related 1) The Plaintiff is the Plaintiff’s land size of 173 square meters in Ulsan-gu, Ulsan-gu (hereinafter “Plaintiff’s land”).

(2) The Defendants shared 1/2 shares each of the 71m2 shares of the Nam-gu Seoul Metropolitan Government C road (hereinafter “Defendants’ land”).

B. The Defendants’ land related to the establishment of a gas supply center is the only contribution to the Plaintiff’s land, and no gas pipe may be established to supply urban gas to the Plaintiff’s land unless a part of the Defendants’ land is

[Based on recognition] Defendant B: The Defendant A’s asset trust, which is a stock company under Article 208(3)2 of the Civil Procedure Act (in the event of the absence of the Defendant), has no dispute; the entries and images of evidence Nos. 1 through 3, 5 through 10, 14 through 16, 18, 20, and 21 of the Civil Procedure Act; and the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff can not install the gas pipes necessary for the plaintiff's land or require excessive costs, unless the plaintiff passes the plaintiff's land. Thus, the plaintiff can seek the installation of the gas pipes from the defendants pursuant to Article 218 (1) of the Civil Act.

3. In conclusion, the plaintiff's claim against the defendants shall be accepted on the grounds of its reasoning, and the costs of lawsuit shall be borne individually by each party and it is so decided as per Disposition.

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