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(영문) 수원지방법원 2018.09.11 2016가단802732
유수관시설공사등의 방해금지
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of J Forest, K Forest, K Forest, L Forest, M Forest, M Forest, N Forest (hereinafter “Plaintiffs’ land”) and 2,321m2 (hereinafter “I Forest”). The Plaintiffs are co-owners of the J Forest, K Forest, K Forest, M Forest, and N Forest (hereinafter “Plaintiffs’ land”).

B. The cadastral status of neighboring land, including the plaintiffs' land, is as shown below, and is located in the top of the highest mountain, among the plaintiffs' land, and is sloped up to I and L forest land surface below.

C. In order to newly build neighborhood living facilities with permission for development on the land of the Plaintiffs (total area of 7,116 square meters), a water pipe (hereinafter “water pipe and excellent pipe”) must be installed from the Plaintiffs’ land to the ditches (O ditch, P ditch) located around the land. The method of establishing the water pipe may be considered as the method of connecting the water pipe through the Defendant’s land with the O ditch (No. 1 indicated in the above cadastral map), the method of connecting it with the P ditch via Q forest (No. 2 indicated in the above cadastral map), and the method of connecting it with the water pipe installed in the S forest via Q forest (No. 3 indicated in the above cadastral map).

On November 24, 2016, the Plaintiff sought cooperation from the Defendant to install the flowing water pipe via the Defendant’s land, but the Defendant rejected the request.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including a provisional number; hereinafter the same shall apply), the result of the on-site inspection by this court, the appraiser's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. If the plaintiffs did not pass through the defendant's alleged land, it is impossible to install the water pipe necessary for the construction of neighborhood living facilities on the plaintiffs' land, or excessive expenses are incurred, and the plaintiffs seek confirmation of the existence of the water pipe's right to use the water according to Article 218 of the Civil Act concerning the portion of the "cock

(b) the determination (1) coordinate the use of adjacent lands;

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