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(영문) 울산지방법원 2014.11.28 2014가단7093
상린관계상 시설권수인
Text

1. The Defendants are gas pipes with an area of 157.2m2m2 in Ulsan-gu, Ulsan-gu with respect to H 67.5m2m2 with respect to the Plaintiff.

Reasons

1. As to the cause of claim

A. (1) The Plaintiff is the owner of the housing with the 157.2m2m2 in Ulsan-gu, Ulsan-gu and the second floor above the ground.

The above ground housing is used as a residential area.

(2) Around 1948, Nonparty J acquired 67.5 square meters of H road in Ulsan-gu, Ulsan-gu (hereinafter “instant road”).

The J died in September 1996, and the Defendants, the wife, succeeded to the JJ.

Since then, K died on November 1997, and the Defendants succeeded to K.

(3) The instant building site cannot be deemed to have contributed to a meritorious deed unless it passes through adjacent building sites and the instant road.

A house, etc. is newly constructed on another site adjacent to the site of this case, but the road of this case has the appearance of a road and is used as a passage.

[Ground of recognition] In the absence of dispute, Gap evidence 1-3, Gap evidence 1-2, Eul evidence 3-1, 2-5, Gap evidence 7-1, 2, Gap evidence 8, Gap evidence 9-1 through 6, and the purport of the whole pleadings

B. According to the above facts, the plaintiff, as the owner of the site of this case, cannot install gas pipes or spend excessive costs unless he passes the road of this case. Thus, the plaintiff can install gas pipes by passing the road of this case pursuant to Article 218(1) of the Civil Act.

Therefore, the Defendants, who were owned by inheritance of the instant road, are obligated to authorize the Plaintiff, the owner of the instant site, to install facilities for passing through the gas pipes to the instant site.

2. As to the defendants' assertion

A. The Defendants’ major arguments do not consent to the installation of gas pipes. If the Plaintiff’s claims are accepted, they are only beneficial to the Plaintiff and urban gas companies, and the Defendants only suffer. Therefore, the Plaintiff’s claims are unreasonable.

B. Article 218(1) of the former Civil Act provides that neighboring land owners.

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