1. The defendant is set up on the side side of the real estate stated in the attached list to the plaintiff.

1. Out of the photographs;

1. Facts of recognition;

A. The real estate listed in the attached list is an aggregate building, and the plaintiff is the owner of No. 4 Item 2 of the Busan Dong-gu D, Busan, and E is the owner of the first floor D No. 4 of the Busan, Dong-gu, Busan, the aggregate building, and the owner of the first floor D No. 3-a of the Busan, Dong-gu, Busan, and the third-b of

B. The defendant is the E's spouse who operates a restaurant with the trade name "C" in each of the above buildings owned by E, and is attached to the external wall on the side of the real estate stated in the attached list

1. Among the photographs, each of the signboards indicated “B” and “C” signboards indicated in the lower part of “C” (hereinafter referred to as “the two signboards of this case”) has been installed and used until now.

On January 2009, the Defendant obtained permission related to the installation of two signboards of this case from the head of Busan Dong-gu in accordance with Article 7 of the Enforcement Decree of the Outdoor Advertisements, etc. Control Act, which was at the time of the establishment of two signboards of this case. The Defendant attached only the consent form E at the time of

[Grounds for Recognition: Description of Evidence A (including branch numbers if there are branch numbers) of Evidence A1, 2, and 3; the inquiry results of the fact-finding with the head of Busan Dong-gu, and the purport of the entire pleadings]

2. Determination

A. (1) Determination as to the claim for removal of a signboard (1) Determination as to which portion of an aggregate building is provided for the common use of all or part of the sectional owners should be made by the objective use in accordance with the structure of the building, unless otherwise agreed by the owners.

(See Supreme Court Decisions 89Meu1497 delivered on October 27, 1989, and 94Da9269 delivered on February 28, 1995, etc.). Therefore, since outer walls of an aggregate building have meaning as a premise for the existence of each section for exclusive use and a section for common use which is the object of specific public interest, it is not appropriate for exclusive use, as well as it appears that they are used for public interest as an object of common interest from the perspective of aesthetic view of an aggregate building, it is deemed that the outer wall of an aggregate building is a common part in the structure of all sectional owners.