Local government failed to provide an alternative to the request for relocation of public facilities to private land... Court, demolition order

The court ordered the local government to demolish public sewage treatment facilities installed without permission on private land and hand over the land.

The Jeonju District Court recently ruled in favor of the plaintiff in a facility demolition and land delivery lawsuit filed by Mr. A, a townhouse resident, against Jeonju City.

Mr. A filed a civil complaint with Jeonju City in 2022 requesting that the public sewer pipe installed within the residential land and the fence protecting it be moved and installed. This facility is a sewer pipe that is not used by residents of the townhouse where Mr. A lives, because it interferes with vehicle traffic and building repair work.

However, the city responded that relocation was difficult because there was no national or public land nearby. Mr. A then asked the city to suggest alternatives, such as opening a vehicle entrance and exit road. However, as the city took no action, Mr. A filed a lawsuit.

During the trial, the city claimed that the facilities were installed for safety reasons when the townhouse was built. At the same time, he emphasized that if the city had installed this facility, there would have been consent from the townhouse owners.

However, the court ruled in favor of Mr. A, saying, "The sewage pipe in question is being used to treat sewage from buildings near the townhouse where Mr. A lives, and the townhouse is treating sewage by installing a separate septic tank. There is no data to suggest that the consent of the townhouse owners was obtained or compensation was paid when installing the sewer pipes and fences."

The court also ruled, "According to the Sewerage Act, the city is responsible for managing sewer pipes. It is reasonable to view that the city, which is responsible for managing sewer pipes, installed the facility without permission and occupied the land without the consent of the landowners, the townhouse owners. Therefore, it has the obligation to demolish the facility and hand over the land."

Mr. A's legal representative, Jeong Woo-hyung, a lawyer at Daeryun Law Firm, said, "The Sewerage Act stipulates compensation when a local government uses someone else's land when installing a public sewer pipe. If Mr. A had agreed to the installation as the local government claimed, appropriate compensation should have been given, but such evidence did not exist."

Reporter Jeong Cheol-wook

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Local government failed to provide alternatives to request for relocation of public facilities to private land... Court, demolition order (link)