광고물철거등 청구의 소
1. The defendant shall remove the advertisements listed in the attached Form 2 list, which are installed on the third floor outer wall of the building listed in the attached Table 1 list.
2...
Basic Facts
The Plaintiff, which was omitted from the above-mentioned 1 G H H H H H H H H H heading 1, is the owner of each building, E, F, and G, each of the buildings listed in the attached Table 1, among the five underground and the 14th floor neighborhood living facilities (D; hereinafter “instant building”) located in Daejeon-gu Daejeon-gu Daejeon-gu, Daejeon-gu, as follows, and the Defendant purchased the instant building H heading on September 10, 2012 and registered the ownership transfer on October 9, 2012.
From August 23, 2010 to February 23, 2013, the Defendant: (a) leased the instant building E from the Plaintiff to operate “M real estate”; (b) purchased the instant building H; and (c) relocated the instant building to H.
When operating “M real estate” in the instant building E, the Defendant installed each advertisement on the exterior walls of the instant building E and the instant building, but did not remove the said advertisement after moving to H of the instant building.
On November 27, 2015, the court of first instance rendered a lawsuit to remove each of the above advertising materials and compensate the damages therefrom to the Defendant. The court held on the following grounds: “The outer outer wall of each of the above subparagraphs E and G of the building in this case is the Plaintiff’s common use area; the Defendant’s installation of each of the advertising materials in that place constitutes an act of unfair use of the building detrimental to the Plaintiff’s interest; thus, the Plaintiff is entitled to seek removal of each of the above advertising materials, and the Defendant is obligated to compensate the Plaintiff for the damages incurred to the Plaintiff due to the installation of each of the above advertising materials; on April 25, 2016 when the second instance was in progress, the Plaintiff and the Defendant confirmed the removal of the advertising materials installed on the outer wall of the building in this case, and removed the advertising materials installed on the outer wall of the building in this case by no later than May 9, 2016, and paid 2,400,000 to the Plaintiff by May 9, 2016.”
[The Daejeon District Court 2014Gadan219283, Daejeon District Court 2015Na10919 (2016 s. 101674), hereinafter “instant conciliation”). The Defendant is subject to the instant conciliation.