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(영문) 서울고등법원 2018.10.19 2018나2006271
간판설치승인 및 사용방해금지청구 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court concerning this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. The Plaintiff, as the sectional owner of the instant officetel, has the right to use the above outer wall by installing a signboard on the front outer wall of the instant officetel, which is a section for common use, and the Defendant, who is delegated the management authority from the sectional owners of the said officetel, has the duty to approve the installation and use of the signboard on the above outer wall, barring special circumstances such as conflict between the sectional owners and the said sectional owners.

Nevertheless, the defendant's refusal to approve the installation of a signboard on the front outer wall of the above officetel without any reasonable ground, thereby obstructing the plaintiff to install and use the signboard on the above outer wall.

Therefore, the Plaintiff seeks against the Defendant to approve the installation and use of a signboard and prohibit acts that interfere with them, and the Plaintiff seeks to pay KRW 300,000 per day as indirect compulsory payment if not performed.

B. As the manager of the instant officetel, the Defendant: (a) determined the criteria for approving the installation and use of signboards pursuant to the Act on Ownership and Management of Condominium Buildings; (b) accordingly, the sectional owners are obligated to approve the installation and use of signboards on the said officetel’s outer wall; and (c) if the said officetel’s outer wall is not approved by the Defendant, or if there exist signboards installed in violation of the relevant statutes, even if the Defendant obtained the approval, the Defendant is obligated to remove the relevant signboards.

Nevertheless, the defendant removes the plaintiff's existing signboards without preparing the criteria for approving the installation and use of signboards.

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