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(영문) 울산지방법원 2016.01.12 2015가단11945
상린관계상 시설권에 대한 수인청구
Text

1.(a)

Defendant J, K, L, M, and N with respect to each 1/8 shares among the 214m2 in Yangsan-si Q 214m2, DefendantO and P shall each share of 1/16m2.

Reasons

1. Facts of recognition;

A. 1) Plaintiff A owns the land listed in the separate sheet No. 1; Plaintiff B owns the land listed in the separate sheet No. 2; Plaintiff C owns the land listed in the attached sheet; Plaintiff C owns the land listed in the attached sheet No. 3; Plaintiff D uses the land listed in the attached sheet; Plaintiff E uses the land listed in the attached sheet; Plaintiff F uses the land listed in the attached sheet No. 6; Plaintiff G uses the land listed in the attached sheet; Plaintiff H uses the land listed in the attached sheet; Plaintiff H uses the land listed in the attached sheet No. 8; Plaintiff H uses the land listed in the attached sheet; and Plaintiff I owns the land listed in the attached sheet No. 9. 2; Plaintiff J, K, L, M, and N, each of the 1/8 shares, Defendant P, and P owns the land listed in the attached sheet No. 1/16 shares.

3) The area is 18 square meters (hereinafter “second-party land”) of R-road in Gyeyang-si.

Of the above, Defendant L, M, and N own 1/8 shares, DefendantO, and P own 1/16 shares, respectively. (b) Land Nos. 1 and 2 related to the establishment of a gas supply center is the only contribution to each land listed in the separate sheet owned by the Plaintiffs, and a gas pipeline for supplying urban gas to the land owned by the Plaintiffs is not established unless a part of the land Nos. 1 and 2 is used. [Recognition grounds] Defendant J: absence of dispute, the entire purport of each entry, the whole purport of the pleadings, as well as the purport of Defendant K, L, M, and N service by publication (Article 208(3)2 of the Civil Procedure Act): DefendantO, P: Confession (Article 208(3)3 of the Civil Procedure Act).

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiffs cannot install the gas pipes necessary for the plaintiffs' land, or require excessive costs, unless they pass through the land Nos. 1 and 2. Thus, the plaintiffs may seek the installation of the gas pipes from the defendants pursuant to Article 218(1) of the Civil Act.

B. Defendant J’s assertion is alleged to the effect that the Plaintiffs should compensate for the damages incurred by the Defendants due to the establishment of gas pipes, and thus, the establishment of the gas supply center by the Plaintiffs.

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