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(영문) 대구지방법원 2020.08.12 2019가단23456
사유지도로의 사용승낙
Text

1. The defendant has urban gas pipelines for the plaintiff (appointed parties) and the designated parties with respect to the size of 502 square meters of the Daegu-gu road C.

Reasons

1. Facts of recognition;

A. The Defendant is a co-owner of the road indicated in the text (hereinafter “instant road”).

The Appointor D is the owner of the land adjacent to the instant road, E, Appointor F, G, Appointer J, Appointer L, MP, N, O, the Plaintiff (Appointed Party) and the owner of the P land and the housing on each ground.

B. The road of this case is used as a road for passing over the above housing units where the plaintiff (appointed party) and the designated party reside, and the pipeline for passing over the housing units of this case cannot be installed unless they pass through the road of this case.

(See Attached Form) . [Evidence] Evidence A 1 through 4, the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, the Plaintiff (Appointed) and the designated parties have the right to install urban gas pipelines on the instant road in accordance with Article 218 of the Civil Act, and the Defendant disputing such right has the duty to confirm it to the Plaintiff, etc.

B. The defendant alleged that the plaintiff et al. could not respond to the plaintiff's claim unless the plaintiff et al. pays usage fees, but the above rights of the plaintiff et al. do not constitute a simultaneous performance or condition relationship with the payment of usage fees. However, if damage occurs, the damages can be claimed, but there is no proof of the existence and amount of the damage. Thus, the above argument

3. Acknowledgement of the claim by the plaintiff (appointed party) and the appointed party

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