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(영문) 수원지방법원 2018.11.15 2018가단13260
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, an aggregate building, acquired Nos. 503 and 504 (hereinafter “instant store”) of the 5th 5th 5th Doyang-gu, Yongsan-gu, Busan (hereinafter “instant commercial building”) and completed the registration of ownership transfer on or around March 29, 2018.

B. The Defendant is operating a store with the trade name “D” in Article 301 of the 3rd floor of the instant shopping mall.

C. E, who was the former owner of the instant store, operated the “F” at the said store, set up a signboard, such as a photograph ①, and ②, as shown in the separate sheet, on the outer wall of the instant commercial building, (hereinafter “instant signboard”).

E, after the end of April 10, 2018, where a public auction was in progress due to business difficulties, sold the instant signboard to the Defendant under the condition that the signboards are replaced. The Defendant removed the said signboard on or around April 10, 2018, and installed the signboard on the spot, such as ①, ②, in the form of the separate photograph, for his own business.

E. The instant commercial building is an aggregate building consisting of 26 units, and there is no particular provision regarding the installation of a signboard in the management agreement of the said commercial building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) while acquiring the ownership of the instant store, the Plaintiff also acquired the ownership of the instant signboard, which is an accessory, along with the ownership of the instant signboard. 2) However, as the Defendant arbitrarily removed the instant signboard and affixed its own signboard on its site, the Defendant is obligated to restore the said signboard to its original state.

In addition, although the Plaintiff intended to enter into a lease agreement with the G convalescent Hospital on the instant building, the contract was not concluded due to the signboard problem, so the Defendant is liable to compensate the Plaintiff for the damages incurred therefrom.

(b) Determination 1 must contribute to the commercial use of the main thing and the main thing.

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