1. The defendant has successively connected the plaintiff with each point of ①, ②, ③, No.4, ①, respectively, in the separate sheet of protruding signboards to the plaintiff.

1. Basic facts

A. The Plaintiff is a co-owner of the third floor E of the building with the wife population D (hereinafter “instant commercial building”) at the time the Plaintiff is an aggregate building, which is an aggregate building.

B. On September 23, 2016, the Defendant, as the lessee referred to in No. 5 F of the instant shopping mall, set up a signboard listed in paragraph (1) of this case (hereinafter “instant signboard”) on the outer wall of the instant shopping mall.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 3, 6, and 8, and the purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion was that the Defendant installed the instant signboard on the outer wall of the instant commercial building, which is a common area, without the consent of the management body under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).

The plaintiff, based on the proviso of Article 16 (1) of the Aggregate Building Act, seeks the removal of the signboard in this case to the defendant by preserving the common areas of the owner of the aggregate building.

B. Determination 1) Whether a portion of an aggregate building is offered for the public use of all or part of a sectional owner should be determined by the objective purpose according to the structure of the building, unless otherwise agreed by the owners (see, e.g., Supreme Court Decision 89Meu1497, Oct. 27, 1989). Therefore, an aggregate building outer wall has meaning as a premise for the existence of each section of exclusive ownership and a section of common use subject to specific public interest. Therefore, it is inappropriate for exclusive use as well as that of an aggregate building to be used for public use from the perspective of the aesthetic view of an aggregate building. Thus, it is reasonable to view that the outer wall of an aggregate building is a common use of the

However, in the case of installing a signboard to the outside part of the outer wall of an aggregate building, another sectional owner is unable to use the outside part of the outer wall on which the signboard is installed, so the installation of a signboard is an exclusive use of the outer wall.