1. The Defendant shall have the right to install gas pipes with respect to the amount of 48.8 square meters on the Daegu-gu Road C.

1. Basic facts

A. The Plaintiff is the owner of land D and housing on its ground in Daegu-gu, and the Defendant is the owner of the 1/4 share of C road 48.8 square meters adjacent thereto (hereinafter “instant land”).

B. The instant land is used as the only road leading to the Plaintiff’s land and housing from the public road, and in order to supply urban gas to the Plaintiffs’ housing, it must pass through the instant land.

C. Around 2016, the Plaintiff entered into a gas facility construction contract with the gas facility company, and sought a permit to lay a gas pipe on the ground of the instant land, but the Defendant rejected this.

As a result, the plaintiff has not used urban gas in the relevant housing until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. Urban gas pipelines for the Plaintiff-owned land and housing cannot be installed without passing through the instant land, or excessive costs are incurred.

Therefore, the Plaintiff has the authority to install gas pipes on the instant land pursuant to Article 218(1) of the Civil Act.

B. Since the Plaintiff did not provide the Defendant with any consultation or compensation, it cannot be deemed that the Plaintiff’s right to gas pipeline facilities concerning the instant land is recognized.

3. The owner of the land may, without passing through another person’s land, install the necessary water supply pipes, gas pipes, electric wires, etc., or require excessive costs, passing through another person’s land and install them: Provided, That where such facilities are installed, he/she shall choose the place and method where the damage to another person’s land is the lowest.

(Article 218(1) of the Civil Act provides that “The place and method with which damage is the lowest shall be selected” and “the topographical and locational shape and use relationship of both land, the surrounding geographic situation, and the place and method shall be determined according to social norms.”