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(영문) 인천지방법원 부천지원 2021.02.05 2019가합104982
수도시설권 존재 확인 청구의 소
Text

Attached Form among the real estate listed in the attached Form to the plaintiffs

1. In sequence, each point in paragraphs (1) through (18) and (1) of the drawing(s) are linked.

Reasons

1. Basic facts

A. On March 31, 2017, the Plaintiffs completed the registration of the transfer of ownership with respect to each one/2 shares of JJ 200 square meters, K 125 square meters, L 1,824 square meters (hereinafter “the Plaintiffs’ land”). On each of the above lands, the Plaintiffs newly constructed accommodation facilities of three floors on each of the above lands (hereinafter “the Plaintiffs’ building”), and completed the registration of the preservation of ownership with respect to the above building on August 17, 2018, and thereafter are lodging businesses in the above building.

B. Defendant E and F are owners of two bonds for accommodation facilities on land, Kimpo-si, M, N,O, L, and Defendant C is the owner of the P-land accommodation facilities (hereinafter “Defendant C”). Defendant E, F, and C are lodging businesses in each of the above buildings.

(c)

The plaintiffs and the defendants are attached Form No. 80 square meters inboard connecting each point of (1) through (18), (1), and (2).

2. Each land entered in the list (hereinafter referred to as “road”) is co-owned, and specific co-owned shares are co-owned.

3. The same shall apply to the entries in the share sheet of public land;

(d)

The road of this case is used as an access road to the building of this case and the building of this case, Defendant C and 2, respectively.

The location of the road of this case and the site of each building above shall be as shown in attached Form.

4. The same as the cadastral map;

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including each number if there are several numbers; hereinafter the same shall apply), Eul evidence No. 1, the appraiser Q's appraisal result, the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. The landowner of the relevant legal doctrine is entitled to install the necessary water supply, minority pipes, gas pipes, electric wires, etc. without passing the land of another person, or when requiring excessive costs. However, the land owner shall choose the place and method where the damage was the lowest, and then install it (Article 218(1) of the Civil Act). Whether the place and method where the damage was the lowest, is selected is social norms.

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