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(영문) 전주지방법원 2016.03.09 2014가단35688
위자료
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 31, 2010, the Plaintiff was the owner of the land B and the building on the ground thereof (hereinafter “instant land and building”), and submitted to the Defendant an application for the execution of water supply works on the instant land and building.

B. In order to implement the water supply construction for the instant land and buildings, the construction of supplying pipes to the instant land and buildings ought to be carried out through the Kim Jong-si land (hereinafter “instant via land”) from the place where the water supply pipes necessary for authorization is laid underground.

C. On March 201, the Defendant requested co-owners of the instant land to consent to laid underground water pipes in order to lay underground water pipes on the instant land, which is a private road necessary for the entry of the instant land and building. However, the Defendant did not obtain his/her consent.

Accordingly, on May 18, 201, the Defendant sent a reply to the Plaintiff on May 18, 201, stating that “The land necessary for the water supply of the instant land and buildings has a private land and several times to obtain the consent of the land owner, but it is impossible to implement water supply works due to his/her refusal to consent.”

E. Since then, the Plaintiff demanded the Defendant to install water supply facilities on the instant land and building several occasions. However, the Defendant sent a reply to the Plaintiff to the effect that the Plaintiff should submit the water supply pipes to the Plaintiff with his consent given that the land was owned by a third party and cannot be installed because it did not reach an agreement with the land owner.

F. As of January 28, 2014, the co-owners of the instant land via the instant transit are D, E, F, G, the farming association corporation delay, H, I, and E, F, H, G, the farming association corporation delay, H, H, and I consented to the use of the instant land via the instant transit for the water supply construction work for the instant land and building.

[Ground of recognition] A. A. 1 to 5 evidence, and Eul 1 to 5 and 8 (including paper numbers) are without dispute.

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