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(영문) 울산지방법원 2018.11.27 2017가단58283
도시가스배관 매설을 위한 시설권 확인청구
Text

1. The Defendants are entitled to install urban gas pipelines for the land indicated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Ulsan-gu R 171m2 (hereinafter “Plaintiff’s land”) and a house on the ground.

B. The Defendants are part of the co-owners of the land indicated in the separate sheet (hereinafter “instant land”) adjacent to the Plaintiff’s land.

C. Urban gas centers for the Plaintiff’s land and above ground were not installed. The instant land is currently packed, and there is little room for use for purposes other than road, and the instant land is the only passage to the Plaintiff’s public road. The instant land is the Plaintiff’s only passage to the Plaintiff’s public road, and the straight line from the Plaintiff’s land to the place where the existing urban gas pipeline was installed is considerably larger than about 10 meters in straight line, and it is the Plaintiff’s largest damage to install urban gas pipelines by passing through the instant land.

[Ground of recognition] Defendant J, K, L, C, and M: each of the documents set forth in subparagraphs 1 through 4, and the remaining defendants except the defendants as above in the purport of the oral argument: deemed confession

2. In a case where a land owner fails to pass through another person’s land, or where necessary water supply, gas pipes, electric wires, etc. are unable to be installed or excessive costs are required, they may pass through another person’s land (Article 218(1) main text of the Civil Act). According to the above facts, in order for the Plaintiff to install gas pipes to be supplied with urban gas, it can be recognized that the Plaintiff must pass through the land of this case owned by the Defendants. Thus, the Plaintiff has the right to seek the prevention of the Defendants’ interference with the right to install urban gas pipelines and its facilities, which

3. Conclusion of the Plaintiff’s claim

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