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(영문) 수원지방법원 2018.10.18 2017가단529270

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff between D and D on August 12, 2016 refers to building FB2 G and H (hereinafter “instant real estate”) in Seo-gu Incheon City, Seo-gu, Incheon.

3) As to the instant lease agreement (hereinafter “instant lease agreement”).

A) From November 21, 2016, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a cafeteria and operated a restaurant with the trade name “M” from October 5, 2016 to “M” in the said real estate. The Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that vicariously executes and entrusts the sale of a building, a commercial building, E (hereinafter “E building”), where the instant real estate is located, and Defendant C operated a restaurant with the trade name “M” from October 5, 2016 to “M” in the said real estate.

B. E is divided into building site area 26,41.9 square meters, total floor area 153,155.25 square meters, two underground floors, 15.25 square meters above ground, and 964 square meters, and divided into factory operation (F) and a dormitory (J) supporting Dong. In F, many offices and factories move into 549 square meters.

C. At the time of purchase of the instant real estate by D, the letter of undertaking of the industry of occupancy of support facilities issued by the Defendant Company (hereinafter “certificate of the industry of occupancy of this case”) states that “In the case of a recommended business establishment room other than the designated business establishment room, it is prohibited to engage in any business activity falling under the designated business establishment room.” The instant real estate purchased by D was designated as a cafeteria as shown below.

At the time of entering into the instant lease agreement, the Plaintiff explained that the employees of D and Defendant Company may operate a cafeteria exclusively from the instant real estate.

Article 8 (Regulation of Business) of the Sales Contract prepared by the defendant C at the time of sale in lots can be sold to the recommended business type for the activation of support facilities, and some of the stores can be sold to the designated business type by designating the business type.