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(영문) 서울중앙지방법원 2018.01.16 2016나63509
간판철거
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The plaintiff (Counterclaim defendant) added to this Court.

Reasons

A principal lawsuit and a preliminary counterclaim shall be deemed simultaneously.

1. Basic facts

A. Plaintiff A, an aggregate building, is one of the sectional owners in heading 239 and 246, Plaintiff B, and Plaintiff C, respectively, of the instant shopping mall No. 102, and Plaintiff C, respectively.

B. From November 25, 2001, the Defendant, along with wife D, operates Bana with the trade name of “G private house” from the first floor of the instant commercial building from November 25, 2001 to the sectional owners (part of the building is owned in the name of the Defendant, and part is owned in the name of D) who own the entire section of exclusive ownership on the first floor of the instant commercial building.

C. As of the date of the closing of argument in this case, each signboard listed in the list Nos. 1, 2, and 4, such as the signboards, etc. installed by the Defendant, and each signboard listed in the list Nos. 1, 2, and 7, used by the Plaintiff and a hot spring neons and Plaintiff C, are installed on the central site of the 1st floor of the commercial building in this case.

Since the F-owner's representative association (the above representative's association's shop owner is a regular member under the articles of association of the above representative's association, the Act on Ownership and Management of Condominium Buildings (hereinafter "Act on Ownership and Management of Condominium Buildings") shall be

(1) The articles of incorporation provide that "the place of public land shall not be used by an individual and shall be used for the overall commercial profits (Article 15 subparag. 10)." The F-owner Representative Association Business and Management Regulations established by the management body are the management body of the commercial buildings in this case, and the management body comprehensively manages and operates the matters concerning the maintenance and joint management of the building (Article 6) and, “public relations advertising facilities, namely, banners, yellow, net signboards, standing signboards, other advertisements, interiors, etc., may be installed at a restricted place within the store in accordance with the restricted standards, but the facilities shall be installed with prior permission of the management body (Article 23), 4, and standing signboards shall be installed only on the back wall of the store, and in the case of the commercial buildings, they shall be installed only on the back wall of the store.

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