영업금지 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 11, 2002, the Plaintiff entered into a contract (hereinafter “instant sales contract”) under which the use of the building D(hereinafter “instant commercial building”) Nos. 110 and 111 was designated as “medical facilities” (hereinafter “medical facilities”) with the Siwon Development Co., Ltd. (hereinafter “Guwon Development”). (The transfer registration of ownership in the Plaintiff’s name as to No. 110 and 111 of the instant commercial building was completed on May 31, 2004). The main contents of the instant sales contract are as follows.
Article 4 [Restrictions on Use] (1) "B" (referring to the plaintiff; hereinafter the same shall apply) shall use the display price only for the purpose of the contract.
Provided, That this shall not apply where the change of use is permitted under related Acts and subordinate statutes.
Article 10 [Cancellation of Contract] (1) "A" (referring to Egypt Development) may cancel this contract where "B" commits an act falling under any of the following subparagraphs within a reasonable period of time after giving notice of performance to the person who has performed such act:
3. Where the “B” uses the display price for any purpose other than the designated one or engages in any business other than the designated one.
B. Meanwhile, as to subparagraph 103 and 104 of the commercial building of this case between Egywon Development and Egywon Development on April 19, 2004, Defendant C entered into a contract with Egywon Development with each of its respective uses as to subparagraph 105 of the commercial building of this case, and the sale of the commercial building of this case in the same contents as above, and completed the registration of ownership transfer in each of its names on May 31, 2004.
C. However, on March 19, 2009, the Plaintiff purchased Nos. 103 and 104 of the instant commercial building from “F under the brokerage of Defendant C,” which operated the G Licensed Real Estate Agent Office, and completed the registration of ownership transfer on April 28, 2009, and completed the registration of ownership transfer on the Plaintiff. Since August 7, 2009, “E pharmacy” in the instant commercial building, which was operated from around August 7, 2009.