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(영문) 광주지방법원 2018.09.12 2017나64582

간판철거청구 등

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1. The plaintiffs' appeal is dismissed.

2. The plaintiffs' preliminary claims added by this court are dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiffs are the sectional owners of the second floor E (hereinafter “E”) of the Seo-gu Seoul Metropolitan Government D Commercial Building (hereinafter “instant commercial building”), which is an aggregate building, and the Defendant is the sectional owners of the second floor F and G of the instant commercial building (hereinafter “F and G”) adjacent to the said subparagraph.

B. The Plaintiffs completed the registration of ownership transfer on the grounds of sale as of August 19, 2016 with respect to E on July 28, 2016, and conducted the clothes sale business, etc. under the trade name “H” from around that time. The Defendant completed the registration of ownership transfer for F and H as of November 27, 2014 and completed the registration of ownership transfer for reasons of sale as of October 1, 2014, and operates the clothes sale business, etc. under F and G with the trade name “I” from around that time.

C. On the front pole connected to E at present, 50 meters wide, 700 meters long, and 200 meters thick, “I” signboards owned by the Defendant (hereinafter “instant signboards”) are affixed to the front pole connected to E.

(See Attached Documents). (d)

J Provisions relating to this case in the management rules (hereinafter referred to as “instant management rules”) are as follows:

J Article 5 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

5. The term “section for common use” means a part of the building other than sections for exclusive use, its site and accessories.

Article 9 (Prohibited Owners, etc.) In cases falling under any of the following subparagraphs, a divisional owner, etc. shall not conduct any of the following acts or conduct any sale or business without the prior approval of the "corporation":

13. The scope of the portion of exclusive ownership under Article 26, which is the act of attaching trade names, trademarks, signboards, advertisements, and other signs to the inside and outside of a building, shall be as follows:

1. The scope of the section for exclusive use means the part which is the object of sectional ownership and is surrounded by fireproof walls (excluding the part which is not the eavesd part), exhausters, ceiling and floors;

Provided, That the part of the entrance is excluded from the structure of independent poles, etc., shall not exceed the outer side of the wall, and