1. The defendant 1/3.00 square meters among the 73 square meters of the FF road in Seo-gu, Daegu, to the succeeding intervenor B and the designated party D and E.

1. Facts of recognition;

A. On February 27, 2018, the Intervenor B (Appointed Party) succeeded to the Plaintiff (hereinafter “Plaintiff B”) transferred the ownership of the Seo-gu G Housing from the Plaintiff, Seo-gu, Daegu. The Selection D is the owner of the H housing, the Selection E is the owner of the I housing, and the Defendant owned 1/3 shares of F-road 73 square meters (hereinafter “instant land”).

B. The instant land is unable to supply urban gas to the said housing or excessive cost, without passing through the instant land as to access roads to the said housing owned by the Plaintiff B and the designated parties.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, 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, Plaintiff B and the designated parties did not pass the instant land.