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(영문) 울산지방법원 2015.07.15 2014가단34286
상린관계상 시설권에 대한 수인청구
Text

1. As to Defendant B’s 5m2 of Ulsan-gu I road, Defendant C with respect to the 14m2 of Ulsan-gu J road, Ulsan-gu, and Defendant D, E, with respect to the 14m2 of Ulsan-gu J road.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) Defendant B is the owner or equity right holder of the area of 1/4 square meters of the area of 41 square meters of the Ulsan-gu I road; and (b) Defendant C is the head of Ulsan-gu J road; (c) Defendant D, E, G, and H is the owner of the attached list; (d) the Plaintiff is the owner of each land owned or equity right owned by the Defendants is the only contribution to the land owned by the Plaintiff; and (e) the Plaintiff is seeking to install urban gas facilities on the land owned by the Plaintiff.

[Basis] Defendant B, C, and D: Service of public notice (Article 208(3)3 of the Civil Procedure Act) by Defendant E and H: deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

B. According to the above facts, since the land owned by the Defendants or shares is the only contribution to the Plaintiff’s land owned by the Plaintiff, the Plaintiff has the right to gas pipes as prescribed by Article 218(1) of the Civil Act with respect to the land owned by the Defendants, and the Defendants are obliged to install facilities for urban gas pipelines.

2. In conclusion, the plaintiffs' claims against the defendants are justified.

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