영업금지
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The New Development Co., Ltd. (hereinafter “instant parcelling-out company”) newly constructed a commercial building (hereinafter “instant commercial building”) of the 2nd underground and the 10th floor E of the ground 10th floor in Sung-nam-si, Sung-si, the Seoul-si, for the purpose of selling the building to the hospital, and advertised the instant commercial building through a leaflet that the instant commercial building was sold to the hospital by designating the type of business, and sold the 3,4, and 5th floor to the hospital.
B. On July 10, 2003, the Plaintiff: (a) designated the type of business of the first floor 109 and 110 (hereinafter “109, etc.”) from the sales company of this case as a pharmacy; (b) purchased the first floor of this case in KRW 1,381,380,000; and (c) completed the registration of ownership transfer on August 20, 2003; and (d) operated a pharmacy with the trade name “H pharmacy” from October 24, 2003 to 109.
Neither the buyer nor the buyer may open the sale contract at will other than the types specified in the sale contract.
(5) Paragraph (2) of Article 5. Where a buyer arbitrarily violates the above matters without written approval of the seller, the seller may cancel the sales contract.
(3) If a buyer runs a business other than designated one, the seller may unilaterally cancel the sales contract without taking other legal procedures and may not raise an objection even if the seller re-sales a commercial building.
(6) Paragraph 1 of section 6. The buyer shall open only the type of business designated in the column of business, and if he/she intends to change the type of business, he/she shall obtain prior written approval from the seller and permission in accordance with the relevant laws and regulations.
§ 10). (c)
The sale contract (Evidence A No. 4) prepared by the plaintiff after the sale of 109 units, etc. is written in the column of the category of business, and the following contents in relation to the designation of the category of business are written in the same word, and there is no particular entry for the monopoly period of the designated type of business.
As the type of business is designated as a pharmacy, etc., the sale price per 109 square meter of 109, etc. shall be a similar condition.