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(영문) 부산지방법원 2017.11.15 2017가합41135

영업권에기한방해금지청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a corporation established on July 28, 1998 for the operation, management, etc. of the "E building" (hereinafter referred to as the "instant commercial building") composed of two underground floors, six above ground floors, a total of 2,620 stores in Busan-gu.

At present, the Plaintiff, among the instant commercial buildings, sells one set and one restoration group, under the trade name of “F” from the said store’s Section 2435 (acquisition of ownership as of April 14, 2014), the said store’s Section 2435 and 2415, 2431, 2432, 2435, 2436, and 2430 (excluding each subparagraph other than subparagraph 2435) to “F.”

(hereinafter referred to as “the instant single-class shop”. The instant shop was sold in lots since 198 to 1999, and each of the instant stores was sold in lots since 199-199, such as Han Welfare, the main wood, the check material, the body material, the small-scale, the art material, the balton, the balton, the student welfare, the student welfare, the balton, and the balton, the 2D classification of sub-classifications of the instant shop. The instant shop was sold in lots since 199-199-199, and the instant shop was sold in lots from the time when 198-1999-99.

In particular, the sales contract of the commercial building of this case is called the "product management standards" and the items available for each floor were presented, but the parts related to this case are as follows.

On February 15, 2005, the board of directors of Feb. 15, 2005 notifies the business owners that the decision was made as follows, so as to facilitate the smooth management of the business items classified by each floor as of the guidance on the management standards for business items.

Product management standards: Exceptions to the standards for items listed in the contract for sale in lots (Broman Heavy Classification): the contract for sale in lots is made under the name of revitalization of business in the beginning of the beginning.