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(영문) 대전지방법원 2015.11.27 2014가단219283
손해배상(기)
Text

1. The defendant shall be the plaintiff.

(a) Advertisements listed in the attached Form 2, respectively, installed on the outer wall of the building listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. Daejeon Seosung-gu C (Road Name Address: Daejeon Seosung-gu D) building (hereinafter “instant condominium”) is a main complex building with the five underground floors and the 14th floor above ground. Among them, the first floor is a neighborhood living facility, the second floor and the third floor is a neighborhood living facility and the apartment house with the fourth floor above ground.

However, in appearance, as shown in the form of the instant building, the first floor is a neighborhood living facility and the second or upper floor is a multi-family house and all the third floor are attached to a commercial building.

All 3 floors have 101 units on the first floor of a commercial building, 201 units on the second floor, 301 units on the third floor, and 102 units on the first floor of the part in which multi-family housing is located, 103, 104, 105, 106, 107, and 108 units on the first floor of the part in which multi-family housing is located.

B. The Plaintiff owns heading 101, 201, and 301 (attached Form 1; hereinafter the same shall apply) among the above neighborhood living facilities. On June 10, 2010, the Plaintiff leased heading 101 among them to the Defendant.

C. When the defendant occupies and uses the above 101 delivered, attached Form 2-A shall be attached to the outer surface of the outer wall.

An advertising material has been installed and used, and around June 2013, attached Form 2-B also on the outside side of the outer wall referred to in subparagraph 301.

The advertisements were installed and used. D.

The Defendant acquired the ownership of the above 103 subparagraph on October 9, 2013 and transferred the above 101 subparagraph to the Plaintiff on January 10, 2014, but did not remove each of the above advertisements.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. Props, roof, outer walls, basic structures, etc. necessary to maintain the safety or appearance of a building in an aggregate building in determining the request for removal of advertisements do not constitute the object of sectional ownership as part provided for the public use of all or some of sectional owners, and outer walls constituting the framework of the building are provided for all or some of sectional owners for the public use of the sectional owners.

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