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(영문) 전주지방법원 2019.08.22 2018가합717

영업금지 등 청구의 소

Text

1. The plaintiffs' primary defendant C and D's primary claim and the plaintiff's conjunctive defendant E.

Reasons

1. Facts of recognition;

A. The relationship between the parties to the instant commercial building 1) Defendant E (hereinafter “Defendant E”)

) The term “instant commercial building” refers to the G Building with the first underground and fourth above ground in Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City F (hereinafter “instant commercial building”).

(2) On July 25, 2012, the Plaintiff newly built and completed the registration of initial ownership by each store. (2) The Plaintiff is the buyer and the owner of the I shop. Plaintiff B is the lessee operating the pharmacy at the I shop. Defendant C is the buyer and the owner of the H shop, and Defendant D is the lessee operating the pharmacy at the H shop.

B. On August 1, 2012, Plaintiff A entered into a sales contract or lease contract for I shop 1, 2012, and Plaintiff A called Defendant E’s instant shopping mall (hereinafter “Plaintiff shop”).

) On August 14, 2012, the sales contract for the Plaintiff’s stores and J-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho (2)

Article 7 (2) Where the commercial use of Plaintiff A overlaps with the use of other commercial buildings, it shall not interfere with the harmony and revitalization with the entire commercial building structure, and the consultation and coordination on commercial use shall be held liable by Plaintiff A.

(3) If the plaintiff A wishes to change the use after the shop occupants, he/she shall consult with the defendant E.

Article 12. Special Agreements

4. In the first lease, the sale or lease to a pharmacy shall not be permitted in addition to the Plaintiff shop;

3) On November 30, 2012, Plaintiff A increased the Plaintiff’s store to KRW 100 million, monthly rent of KRW 180 million, and KRW 1.8 million (on November 30, 2016, KRW 2.1 million).

(C) Defendant C and D’s H H stores and concluding a lease contract, etc., are unsold in lots in L, etc. on August 27, 2012.