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(영문) 서울동부지방법원 2018.08.23 2017가합1552

영업금지 등

Text

The plaintiff (appointed party)'s claim is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the trade name “AE” in the instant shopping mall G and H, and the Selection Party J is the trade name “M” in the instant shopping mall H and L, the Selection is the trade name of “ Q” in the instant shopping mall H and P, the Selection R is the trade name of “U” in the instant shopping mall S and T, the Selection Party V is the trade name of “X” in the instant shopping mall L, the Selection is the trade name of “X” in the instant shopping mall L, the Selection is the trade name of “AB” in the instant shopping mall and AAA, the Selection Party AC operates the store as the trade name of “AE” in the instant shopping mall AD, and the Selection Party AF operates the store as the trade name of “AG and AH” in each of the instant shopping mall and “AI.”

B. From June 5, 2017, the Defendant is running the LED lighting business with the trade name “AJ” at the instant store from around June 5, 2017.

C. The shop occupants or occupants of the instant commercial building have established and implemented the CP management rules (hereinafter “instant rules”). The main contents of the instant rules are as follows.

Article 3 (Scope and Scope of Application) This Management Rule shall apply to the management and use of all sectional stores in the commercial building of this case and appurtenant facilities and welfare facilities jointly owned, and their sites and accessories.

(1) The term "shared owner" means the owner or his/her spouse, who rents and uses the main commercial building, and the owner, who rents and uses it, and other persons who own it.

2. (Effect of the Code) This management rule shall be effective for the following persons, including the owners of the commercial building and the shop occupants and the shop occupants and the persons who have succeeded to the property at will, but not limited to the shop occupants.

Article 25 (New Salesrooms and Relocations) A member shall have the right to be protected from the present category of business in operation.

(1) No business category currently in operation at the main shop may be newly located.

(3) In cases of new salesroom occupants, items, such as restaurants, clothing, music cooking, etc. shall be included.