1. The Defendant shall have the right to install urban gas pipelines laid underground with respect to the area of 42.3 square meters of Daegu-gu roads to the Plaintiff.

1. Facts of recognition;

A. On March 3, 2006, the Defendant acquired 1/6 shares of 42.3 square meters of the Seo-gu, Daegu-gu road (hereinafter “instant land”).

B. The Plaintiff is the owner of a building 94.3 square meters and above ground in Daegu-gu.

C. The instant land is an access road to the instant land and building owned by the Plaintiff, and the Plaintiff is unable to supply urban gas to the Plaintiff’s building or excessive cost of supplying urban gas without passing the instant land.

[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, 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, the Plaintiff is unable to install necessary gas pipes without passing the instant land, or excessive expenses incurred in installing the gas pipes. Thus, the Plaintiff is obliged to do so, Article 218 of the Civil Act.