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(영문) 부산지방법원 동부지원 2021.02.25 2019가단219511
간판철거 등 청구의 소
Text

1. The plaintiff's primary and conjunctive claims against the defendant (the appointed party) and the appointed party D are all dismissed.

2...

Reasons

1. Basic facts

A. H building located in Busan Shipping Daegu G (hereinafter “instant building”) is a 14th floor above ground and a neighboring residential facility in the second floor above ground. The outside part of the building is most favorable walls except for part.

The height of the 1st floor of the instant building was 6,300 meters, the height of the 2-13th floor was 3,900 meters, the height of the 14th floor was 3,950 meters, and the 1st floor was higher than that of the other floors.

B. The Plaintiff is the owner of the I head of the instant building (hereinafter “I head of the instant building”), and the Defendant is operating E dental clinics from the 9th floor of the instant building, and E dental clinics from the 10th floor of the instant building to the FI head of the instant building, respectively.

(c)

The plaintiff is currently running a business by leasing No. I and entering the above store by J.

The outer part of each subparagraph of I is both a glass wall, and a J signboard is installed 3,200 meters above the ground, and the part adjoining the J signboard and the second floor is installed and used by the Defendant and the Selection D (hereinafter “Defendant, etc.”) as stated in the purport of this claim (hereinafter “each of the instant signboards”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 1 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary claim (the claim for the removal of signboards and the return of unjust enrichment caused by tort, which caused the exclusion of interference with the ownership of the portion of exclusive ownership) constitutes the Plaintiff’s exclusive ownership because the part on which each of the instant signboards is installed falls under the original mold, windows, etc., and even if the said part is not a window, window, etc., it shall be deemed that the Plaintiff’s exclusive ownership of subparagraph I, which is the part

Even if the part on which each of the signboards of this case was installed is not directly owned by the plaintiff, the installation of signboards by the defendant et al. interferes with view to view and lighting, and I.

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