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(영문) 울산지방법원 2015.05.20 2015가단50759
상린관계상 시설권 확인
Text

1. The Defendants are with respect to the Plaintiff (Appointed) and the rest of the designated parties with respect to the area of 2,017 square meters G road in Ulsan-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties; hereinafter the Plaintiff and the remaining designated parties are the Plaintiff, etc. in the case of the Plaintiff and the rest of the Plaintiff, the Plaintiff, etc.) is the co-owner of the building of 182 square meters in Nam-gu, Ulsan-gu, Ulsan-gu, JTan District; 131 square meters in Seosan-gu; the housing of 175 square meters in Seosan-gu, Ulsan-gu, and its ground; and the selected K, the housing of 168 square meters in Seosan-gu, Ulsan-gu, and its ground; and the selected M are the owners of the housing of the building of 166 square meters in Ulsan-gu Pan-gu, Ulsan-gu, and the Defendants are the owners of the housing of 2,017 square meters in Ulsan-gu, Ulsan-gu, and the land of this case (hereinafter referred to as the “instant land”).

B. Land category of the instant land is a road, and the Plaintiff, etc. and neighboring residents use the instant land as a passage.

Plaintiff

Unless the land of this case is a passage, etc., no access to the public road is allowed, or excessive costs are required.

[Reasons for Recognition] Unsatisfy, Gap 1-8 evidence (including virtual number), the purport of the whole pleadings

2. The plaintiff et al., without passing through the land of this case, cannot install gas pipes necessary for the use of the land of this case or require excessive costs.

Therefore, the Plaintiff et al. has the right to construct gas pipes under Article 218(1) of the Civil Act with respect to the instant land.

(3) The plaintiff's claim against the defendants is justified. However, in case where the defendants suffered damages, the defendants can claim damages from the plaintiff et al. pursuant to the proviso of Article 218 (1) of the Civil Code.

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