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(영문) 서울중앙지방법원 2019.12.05 2019나10926
간판철거
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons for this part of this Court’s reasoning are as follows: (a) the reasoning for the judgment of the court of first instance is the same as that of the main text of the facts acknowledged under paragraph (1) and the part of the grounds for recognition; and (b) therefore, (c)

2. The plaintiff's assertion and judgment

A. The gist of the assertion and the defendant are sectional owners who own one-half each of the buildings of this case.

Since the outer wall of the building of this case is a common part, the defendant, which is only a 1/2 equity right holder of the outer wall, cannot use the outer wall arbitrarily or exclusively. The defendant installed the signboard of this case without the plaintiff's consent.

Accordingly, since the plaintiff's right, which is the 1/2 right holder of the outer wall of the building, is infringed, the plaintiff who is the 1/2 right holder of the outer wall of the building, can claim the removal of the signboard of this case established by the defendant as a preservation act, and the defendant is obliged to remove

B.1) Determination 1) Common areas of an aggregate building in relation to the use of common areas of an aggregate building are owned by all sectional owners [Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings”)], and common areas of an aggregate building cannot, in principle, be arbitrarily and exclusively used even a part of the jointly owned property unless there is an agreement with other sectional owners. On the other hand, each co-owner of an aggregate building may use common areas according to his/her purpose (Article 11(2) of the Aggregate Buildings Act). The meaning of signboards installed on the outer walls of a building is widely provided as a signboard for commercial buildings located in the building.

On the other hand, a signboard must be installed in a specific location due to its characteristics, so even if it is installed on the outer wall of the building, a somewhat exclusive and exclusive possession of the outer wall of the building is inevitable.

However, the original purpose of the outer wall of a building is from the outside of the building.

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