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(영문) 전주지방법원군산지원 2019.09.25 2018가합51428

간판철거 청구의 소

Text

1. The defendant shall lower the 4th floor D, E, and the 5th floor F, out of the ground buildings in Gunsan-si, Sinsan-si.

Reasons

1. Facts of recognition;

A. Of the building indicated in the text (hereinafter “instant building”), the Plaintiff is one of the sectional owners of the fourth floor D, E, and the Defendant of the fifth floor F.

B. Of the instant building, the Defendant installed the signboard “G” (hereinafter “instant signboard”) on the part (A) in the ship connecting each point in order of the indication 1, 2, 3, 4, and 1 between the upper outer wall of the fourth floor D, E and the lower outer wall of the fifth floor F and the lower outer wall of the fifth floor F.

[Ground of recognition] Facts without dispute, each entry or video of Gap 1 and 4 evidence (including paper numbers) and the purport of the whole pleadings

2. The judgment of this Court

A. Prop, roof, outer wall, basic structure, etc. necessary to maintain the safety or appearance of a building in an aggregate building is a part provided for the common use of all or some of sectional owners, not for sectional ownership. Whether the outer wall, which forms the framework of the building, is provided for the public use by all or some of sectional owners, is determined by whether it is necessary to maintain the safety or appearance of the whole building, and the outer wall is a common part, which is incorporated into the outer wall with the outer wall;

In order to obtain permission for displaying advertisements with the contents of displaying advertisements on the joint ownership portion of an aggregate building, a written agreement of not less than 4/5 each of the sectional owners and voting rights shall be obtained from the ordinary assembly, temporary assembly, and electric power resource meeting of a management body which is legally naturally constituted by all sectional owners, with the consent of the majority of all sectional owners and voting rights, or a written agreement of not less than 92Da3272, which is considered by a resolution of such management body meeting.

(See Supreme Court Decision 95Nu14190 delivered on October 25, 1996, etc.). B.

If the purpose of the entire pleading is added to the images of Gap evidence 4, the outer wall of this case is to maintain the safety or appearance of the entire building of this case.