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(영문) 인천지방법원부천지원 2016.06.09 2015가단24180
상린관계상시설권확인 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In the auction procedure on October 17, 2014, the Plaintiff purchased 50 square meters of F forest land in Kimpo-si, 7 square meters before G, 101 square meters before H, 31 square meters before I, and 188 square meters of J forest (hereinafter “instant Plaintiff’s land”) and acquired the ownership thereof.

B. The Plaintiff’s land is adjacent to the size of 636 square meters for a factory in Kimpo-si, Defendant B-owned, and the size of 584 square meters for a forest in Kimpo-si, Defendant C-owned.

C. Of the land (a) size 1, 2, 3, 4, and 1 in the attached drawing among the land (a) size 1, 2, 3, 4, and 1 in order to connect each point in the attached drawing among the land (a) size 1, 4, 5, 6, and 1 in the case of Kimpo-si, Kimpo-si, Kimpo-si, and the land (b) size 43 square meters in the attached drawing among the land (b) size 1, 4, 5, 6, and 636 square meters in the case of Kimpo-si

The Plaintiff newly constructs the Plaintiff’s land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff acquired the Plaintiff’s land along with the acquisition of the Plaintiff’s land. The Plaintiff also acquired the Plaintiff’s right to passage over the surrounding land. The extension of the right to passage over the surrounding land, by selecting the place and method where the owner’s damage to the surrounding land is the lowest due to the extension of the right to passage over the surrounding land, and has the right to install water supply and gas pipes, etc. on the surrounding land. 2) The Plaintiff is the Plaintiff’s owner adjacent to the Plaintiff’s land, and is entitled to install gas pipes necessary for the use of the Plaintiff’s land without compensation pursuant to Article 220 of the Civil Act and Article 4 of the Road Act for the exercise of the right to passage over the surrounding land under Article 218 of the

B. First of all, we examine whether the Plaintiff has the right to install gas pipes due to the extension of the right to passage over surrounding land, and the right to passage over surrounding land does not exclusively occupy the surrounding land.

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