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1. The defendant shall display a drawing on the second floor of the 6th floor D building located in Bupyeong-si Co, Ltd (attached Form 1), which is installed on the outer wall of the 1, 2.
Reasons
1. Basic facts
A. E completed registration of initial ownership relating to the buildings listed in the main text Paragraph 1 (hereinafter “instant building”) on January 24, 2018.
B. The Plaintiff purchased the instant building F from E on December 16, 2017 and completed the registration of ownership transfer on January 31, 2018, and operated a counseling center from that time.
The defendant purchased the building G of this case from E on July 26, 2018 and completed the registration of ownership transfer on August 24, 2018, and operated a art private teaching institute since that time.
C. The instant building is an aggregate building of the 6th floor size above ground, multi-family housing and neighborhood living facilities, clothes room (H), and the Plaintiff’s counseling center (I psychological counseling institute) on the 2nd floor, and the Defendant’s Art Institute (J) on the 6th floor size above ground, and part of the 1st floor as a parking lot.
On the other hand, the defendant's store is in contact with the road, and the plaintiff's store is in front of the building of this case.
On the outer wall of the second floor of the instant building (attached Form 2), as in a photograph, the Defendant’s signboard (in the case of this case, hereinafter “instant signboard”) was affixed to the front part of the front end, the Plaintiff’s protruding-out signboard and protruding-out signboard, and the Defendant’s signboard on the side, respectively, and the Defendant removed the side signboard around November 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The parties’ assertion 1) The outer wall on which the Plaintiff’s assertion is affixed (hereinafter “instant outer wall”).
(2) The defendant's assertion that the defendant's outer wall of this case constitutes a common area of an aggregate building. The defendant's arbitrary installation of the signboard of this case without consultation with other sectional owners and possession and use it exclusively. Thus, the defendant's removal is sought as a preservation act of the jointly owned property.