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(영문) 울산지방법원 2014.12.17 2013가단18263
토지사용승낙
Text

1. Defendant B, C, D, E, F, G, H, I, J, K, Q, and R are roads of Ulsan-gu, U.S., Ulsan-gu, 103.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter the Plaintiff) is the Plaintiff’s housing and its ground 96.9m2m2 in Ulsan-gu, Ulsan-gu, and the Appointor T, the housing and its ground 181.2m2m2 in W, the Selection X is the Yan-gu, the land and its ground 9.8m2 in Yan-gu, the Appointer X is the owner of the housing and its ground 96.8m2 in AA-Gu, the Selection AA-gu, the 96.9m2 and its ground.

B. Defendant B, C, D, E, F, G, H, I, J, K, Q, Q, and R are co-owners of the area of 103.9 square meters wide (hereinafter “one parcel of land”) of the Nam-gu Incheon Metropolitan City S road. Defendant L, M, N,O, P are co-owners of the area of 15.1 square meters wide (hereinafter “2 land”).

C. Land category 1 and 2 is a road, and the plaintiff, the designated parties (hereinafter referred to as "the plaintiff et al.") and neighboring residents use 1 and 2 land as a passage.

[Reasons for Recognition] Unsatisfy, Gap 1-4, 6 (including virtual numbers), the purport of the whole pleadings

2. The judgment of the plaintiff, the selected X, Z, and AB requires one land; the Selection T does not pass through 1 or 2 land; or the gas pipes necessary for the use of each land owned by the plaintiff cannot be installed or excessive costs are required.

Furthermore, it is the place and method in which the damage to the defendants is the lowest to install gas pipes by passing through the land 1 and 2.

Therefore, with respect to the land of the Plaintiff, Appointed X, Z, and AB, T is entitled to the gas pipeline facility of Article 218(1) of the Civil Code with respect to the land of the 1,2 land.

(However, in a case where the damage occurred to the Defendants, the Defendants may claim compensation for the damage to the Plaintiff, etc. pursuant to the proviso of Article 218(1) of the Civil Act. The Plaintiff’s claim against the Defendants is justified, and both are accepted.

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