logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.10.24 2017가단114054
건물등철거
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 22, 2014, the Plaintiff, after completing the registration of transfer of ownership with respect to D major D major 821 square meters in Pyeongtaek-gun, Gyeonggi-do, newly constructed the two-class neighborhood living facilities (one night restaurant) of reinforced concrete structure on the ground above, and operates a mutual restaurant (hereinafter referred to as “Plaintiff restaurant”) with “E” from April 17, 2015 after completing the registration of transfer of ownership on the same ground.

B. On January 6, 2015, Defendant B completed the registration of transfer of ownership with respect to the Flue-gun Flue-gun 822 square meters (hereinafter “Defendant’s land”) located immediately adjacent to the Plaintiff restaurant, and constructed a new general steel structure horizontal roof (refinite concrete structure) second class neighborhood living facilities on the above ground, and completed the registration of preservation of ownership on June 12, 2015. Defendant C, an son’s son, from June 11, 2015, operates a restaurant with the trade name “G” on the second class of the above building (hereinafter “Defendant’s restaurant”).

C. Around September 2015, Defendant B filed a report on the construction of a structure for the purpose of installing an advertising board (12m in the length of a general steel structure, 7.7m in height) on the Defendants’ land with the head of Bupyeong-gu Gun, and the head of Pyeongtaek-Gun issued a certificate of completion of construction report to Defendant B on September 25, 2015.

around October 2015, the Defendants constructed structures on the Defendants’ land (hereinafter “instant structure”) and installed an advertisement board (a) posted the Defendants’ business advertisement contents, such as the phrase “G” and large chills and photographs, etc., on the said structure (a.e., 12 meters at a street, 6 meters at a vertical length, 72 square meters at a size, hereinafter “instant advertisement”).

E. On June 16, 2017, the head of Pyeongtaek-si notifies Defendant C of the measure of removal, etc. pursuant to Article 10 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry on the ground that the instant advertisement did not obtain permission for installation and advertisement of the instant advertisement. The instant advertisement is voluntary until July 6, 2017.

arrow