(영문) 수원지방법원 2019.12.20 2018가단28552

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(영문) 수원지방법원 2019.12.20 2018가단28552

간판철거

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1. The Plaintiff:

A. Defendant B shall display an indication of drawings (attached Form 2), 1, 2, 3, 4, and 1 among the outer walls of the building listed in the list (attached Form 1).

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of real estate listed in the list (attached Form 3) of a building listed in the list (attached Form 1) as an aggregate building (hereinafter “instant building”).

B. Defendant B occupied the instant building E, which is a section for exclusive use of the instant building, and installed and owned each signboard (C) part of the signboard (A) connected each of the points in sequence 5, 6, 7, 8, and 5 of drawings on the outer wall of the instant building (attached Form 2), the part of the signboard (b) connected each of the points in sequence 9, 10, 11, 12, and 9 of drawings, the part of the signboard (c) connected each of the points in sequence 13, 14, 15, 16, and 13 of drawings, and the part (d) connected each of the points in sequence.

C. Defendant C occupies the building F of this case, which is the section for exclusive use of the building of this case, and installs and owns the signboards on the (f) part of the ship which connects each point of which is indicated in the drawings No. 17, 18, 19, 20, 17, and the (e) section of the building of this case, and the (f) part of the signboard which connects each point of which is indicated in the same drawings No. 21, 22, 23, 24, 21 in sequence.

Defendant D occupies the building G of this case, which is a section for exclusive use of the building of this case, and installs and owns each signboard on the (h) part of the ship (g) which connects each point of which is 25, 26, 27, 28, and 25 of drawings on the outer wall of the building of this case, and the (h) part of the signboard which connects each point of which is 29, 30, 31, 32, and 29, in sequence.

(hereinafter referred to as “each of the instant signboards” in the total of the signboards listed in paragraphs (b), (c) and (d) below). [Grounds for recognition] without dispute, entry of Gap evidence 1, images of Gap evidence 2, 3, and 4 (including the number of pages), the purport of the whole pleadings.

2. Determination

A. Props, roof, outer walls, basic structures, etc. necessary to maintain the safety or appearance of a building in one aggregate building with respect to the cause of the claim are those provided for the public use of all or some of sectional owners.

유사 판례

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-수원지방법원안산지원 2019.01.24 2018가단53668

-서울중앙지방법원 2016.08.16 2015가단5218757

-수원지방법원평택지원 2015.08.13 2014가단47356

-서울중앙지방법원 2014.03.20 2013가합21968