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(영문) 서울북부지방법원 2016.05.11 2015가단18166
도시가스관 시설공사 방해금지
Text

1. The defendant marks 6, 7, 51, 52, 53, 54, and 54 of the attached survey and appraisal sheet among the 5,835 square meters in Seongbuk-gu Seoul E Religious Site.

Reasons

Facts of recognition

The Plaintiffs are co-owners of Seongbuk-gu Seoul Metropolitan Government F Religious Site of 254 square meters and G forest land of 133 square meters (hereinafter referred to as “Plaintiff’s land”). The Defendant and the relevant educational foundation are co-owners of Seongbuk-gu Seoul E Religious Site of 5,835 square meters adjacent to the instant land (hereinafter referred to as “Defendant’s land”).

On March 31, 2014, the Plaintiff obtained a construction permit to newly build Class II neighborhood living facilities (public notice board; hereinafter “instant building”) with the total floor area of 498.42 square meters on the ground of the Plaintiff’s land, and completed the construction on March 2015.

The Plaintiff intended to connect urban gas pipes to the instant building. In order to connect urban gas pipes to the instant building, the Plaintiff could not pass through the Defendant’s land, and the Defendant and the relevant school foundation could not start construction due to the Defendant’s and the relevant school foundation’s failure to consent thereto.

Plaintiff

Land serves as an access road to other adjacent land, including the plaintiff's land, because part of the defendant's land adjacent to the south side of the plaintiff's land is provided for use as a road in fact.

The underground of the above part of the defendant's land, which is actually used as a road, is laid underground by the main urban gas management center connected to the neighboring land's ground building.

Where an urban gas pipe connected to the building of this case is laid underground in the main urban gas center, the shortest distance shall pass through the part of the ship (hereinafter referred to as “the part laid underground”) connecting each point of the attached survey appraisal in attached Form 6, 7, 51, 52, 53, 54, and 6 among the Defendant’s land.

【The ground for recognition” has no dispute, Gap's 1 through 5 (including the branch numbers), and the ground for a claim against the whole purport of pleading may pass through another person's land where the necessary water supply, minority, gas pipes, electric wires, etc. are unable to be installed, or require excessive costs, without passing through another person's land.

(b).

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