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(영문) 광주지방법원 2017.11.28 2016가단523663
간판철거청구 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are sectional owners of the second floor E (80.5 square meters in the area of exclusive ownership; hereinafter “E”) of the Seo-gu, Seo-gu, Gwangju (hereinafter “the instant commercial building”), which is an aggregate building, and the Defendant is the sectional owners of the second floor F and G of the instant commercial building (hereinafter “F and G”) adjacent to the said subparagraph.

B. The Plaintiffs completed the registration of ownership transfer on the grounds of sale as of August 19, 2016 with respect to E on July 28, 2016, and conducted the clothes sale business, etc. under the trade name “H” from around that time. The Defendant completed the registration of ownership transfer for F and H as of November 27, 2014 and completed the registration of ownership transfer for reasons of sale as of October 1, 2014, and operates the clothes sale business, etc. with the name “I” in F and G from that time.

C. In operating “I” in F and G, the Defendant attached 50 meters wide, 700 meters long, and 200 meters thickness to the front pole connected to E (hereinafter “instant signboard”).

(See Attached Documents). (d)

The provisions relating to this case in the management rules of the commercial building of this case are as follows.

Article 9 (Prohibition, Salesroom occupants, and Non-Business Matters) A sectional owner, etc. shall not do any of the following acts or conduct any sale or business without a prior approval from the corporation (J) in any of the following cases:

13. The scope of the portion of exclusive ownership under Article 26, which is the act of attaching trade names, trademarks, signboards, advertisements, and other signs to the inside and outside of a building, shall be as follows:

1. The scope of the section for exclusive use means the part which is the object of sectional ownership and is surrounded by fireproof walls (excluding the part which is not the eavesd part), exhausters, ceiling and floors;

Provided, That the structure of independent poles, etc. shall be excluded, and the part of the entrance shall not exceed the extension line of the outer side of the wall, and the opening part shall not exceed the inner side of the window.

2.Except as provided for in paragraph 1 above, measuring instruments are installed in vessels and pipes connected to exclusive use.

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