영업금지 등 청구의 소
1. The defendant shall not operate a pharmacy in the non-story C and non-story D of the building stated in the attached Form.
1. Basic facts
A. Nonparty E (hereinafter “E”) newly constructed a building listed in the separate sheet (hereinafter “instant commercial building”) and completed registration of preservation of ownership of each sectional building on April 1, 2010.
On May 10, 2010, the Plaintiff leased the first floor Fho Lake (hereinafter “Fho”) and the first floor Gho Lake (hereinafter “Gho”) under the ground of the instant commercial building from E for the purpose of a pharmacy. Article 5(1) of the said lease agreement provides that “The business type shall be limited to the designated type of business by store, and shall not be operated as a pharmacy or medicine sales business.”
B. On May 28, 2010, E provided that, among the stores leased to the Plaintiff, subparagraph B sold to Nonparty H, subparagraph G sold to Nonparty I and J on August 9, 2010, each of the above sales contract specified the purpose of sale and the type of business as “pharmacy (exclusive guarantee)” or “pharmacy”, and Article 5(1) of the same Act provides that “The type of business shall be limited to the designated type of business for each store and shall not operate a pharmacy or drug sales business.”
C. On June 15, 2010, the Plaintiff leased No. F for the purpose of a pharmacy from H, and specified the use and type of business in the said lease agreement as “pharmacy (exclusive guarantee)” and Article 5(1) of the same Act provides, “The type of business shall be limited to the designated type of business for each store, and shall not be operated as a pharmacy or a drug sales business.”
On June 15, 2014, the Plaintiff re-leased the above store from H, and the use and type of business of the above lease agreement clearly stated the purpose and type of business. D.
On August 13, 2010, the Plaintiff leased No. G for the purpose of a pharmacy from I and J. The purpose of use and type of business in the above lease agreement is specified as "pharmacy", and Article 5 (1) of the same Act provides that "business type shall be limited to the business type designated for each store, and shall be operated as a pharmacy or drug sales business."