1. Urban gas pipelines are laid underground to the plaintiffs with respect to 91 square meters of forests and fields in Daegu-gu D (Road Name Address: Seo-gu, Daegu-gu).

1. Facts of recognition;

A. The Defendant is the owner of the 91m2 in Daegu-gu D Forest land (hereinafter “instant land”).

B. Plaintiff A is the owner of the Seogu-gu F Ground Building, and Plaintiff B is the owner of the Seogu-gu G Ground Building.

C. The instant land is an access road to the building owned by the Plaintiffs, and the Plaintiffs are unable to supply urban gas, or excessive costs are incurred in supplying urban gas, without passing through the instant land.

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings

2. Where necessary water supply, minority, gas pipes, electric wires, etc. cannot be installed without passing through another person's land, or require excessive expenses, the owner of the land may do so by passing through another person's land: Provided, That where such facilities are installed, he/she shall choose the place and method where the damage to another person's land is the lowest, and shall compensate for the damage at the request of the owner of other land;

(Article 218(1) of the Civil Act provides that “The place and method with which damage is the lowest shall be determined based on the geographical features, location and use relationship of both land, neighboring geographic situations, understanding of the users of the land, and other relevant circumstances according to social norms in a specific case.”

In addition, the right to install facilities, such as water supply, under Article 218 (1) of the Civil Code, is naturally recognized if it satisfies the legal requirements, and it is not necessary to obtain the consent or approval from the land owner who passes a separate water supply, etc. to perform construction of facilities, such as water

(see, e.g., Supreme Court Decision 2015Da247325, Dec. 15, 2016). According to the above facts of recognition, the Plaintiffs are deemed to have failed to pass the instant land, because they are unable to install necessary gas pipes or excessive expenses incurred in installing the said facilities, and thus, pursuant to Article 218(1) of the Civil Act.