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(영문) 서울중앙지방법원 2020.12.11 2019가합580445
건물등철거
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs are sectional owners of the instant building.

B. Defendant F, who operates the cafeteria with the trade name “I restaurant” on a leased 1st floor of the instant building, successively connected each point of “A” with the outer wall of the instant building, and installed a signboard or a screen on each side of “C”, which connects each point of “B” and each point of “C” in sequence of the same drawings 9, 10, 11, 12, and 9, and 9, 12, and 9, 10, 10, 12, and 9, in sequence, connected each point of “A” in the order of priority on the outer wall of the instant building installed on the outer wall of the instant building (referred to as “I restaurant” on the outer wall of the instant building.

C. Defendant G, who operates the mutual main points of the “Jcafeteria”, by leasing the 2nd floor below the instant building, installed a signboard or a box stating the trade name of “J restaurant” on the board of the signboard frame, which connects each point of the attached Form 13, 14, 15, 16, and 13, which is installed on the outer wall of the instant building, in the order of priority, to the part of “D” which is installed on the outer wall of the instant building.

The instant building is an aggregate building prescribed by the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). The outer wall necessary to maintain the safety and appearance of the instant building is a structural part provided for the public use by all sectional owners, and is not an object of sectional ownership. The outer wall is a common part, which consists of both the outer wall and the outer wall.

E. The defendants' setting up a signboard or a set at the frame of a signboard installed on the outside side of the outer wall of the building in this case, which is the section for common use, constitutes an act contrary to the common interests of the sectional owners pursuant to Article 5 (1) and (4) of the Aggregate Buildings Act, and the plaintiffs who are sectional owners are co-ownership owners and are co-ownership owners, and

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