The Defendant (Appointed Party) intends to construct each land underground listed in the attached Table 1 list by the Plaintiff.

Basic Facts

The Plaintiff is the owner of the land in Yongsan-si, Suwon-si Cdong (hereinafter “Cdong”) and is running the construction work for constructing a main complex building on the ground of the above land (hereinafter “instant construction work”).

The Defendant (Appointed Party, hereinafter referred to as the “Defendant”), Appointor E, and F are the right holder of each land of G road 313 square meters and H road 461 square meters.

The Plaintiff is prohibited from installing gas pipes necessary for land D unless he/she passes through the area (Ga) length of the section (Ga), 80 meters in length, and 1.1 meters in diameter, among G and H land owned by the Defendant and the designated parties, and H.

[Reasons for Recognition] The main text of Article 218(1) of the Civil Act, which states that “Where a landowner fails to pass through another person’s land, he/she may pass through another person’s land to install necessary waterworks, small pipes, gas pipes, electric wires, etc., or require excessive expenses, he/she may install them.” The right to install such waterworks, etc. is naturally recognized if it satisfies the legal requirements, and it does not require the landowner’s consent or consent to construct the facilities, such as waterworks, etc., to perform construction works on the basis of the right to use the facilities.

Therefore, the landowner’s consent or consent cannot be deemed as a juristic act or quasi-legal act that affects the establishment, validity, etc. of facility rights, such as water supply based on Article 218 of the Civil Act.

(Supreme Court Decision 2015Da247325 Decided December 15, 2016). According to the aforementioned facts and the aforementioned legal principles, the Plaintiff cannot install gas pipes necessary for D land unless he/she passes through G owned by the Defendant and the designated parties, as the owner of D land. Therefore, for the purpose of construction of gas pipeline facilities for the Plaintiff’s construction of the gas pipeline facilities on each ground listed in the separate sheet No. 1, as indicated in the separate sheet No. 2, 1, 2, 3, and 4, the Plaintiff is a line connected in turn.