영업금지
1.The judgment of the first instance shall be modified as follows:
The defendant is in the area of Hdong, Kdong, Ldong, and Mdong in Mapo-gu Seoul Metropolitan Government.
1. The facts under the basis of facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 11, and Eul evidence Nos. 2 and 8 (including serial numbers; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings.
The Defendant leased the 1st floor store in Mapo-gu Seoul Metropolitan Government and operated a restaurant (hereinafter referred to as the “instant restaurant”) that sells booms, etc. with the trade name of “D”.
B. On January 12, 2015, the Plaintiff and the Defendant concluded a contract to acquire or transfer rights (hereinafter “instant contract”) with respect to the instant restaurant, and the main contents thereof are as follows.
The transferor and the transferee shall consult as follows and enter into a contract for the transfer and acquisition of real estate rights with respect to this real estate right of the contract for the transfer and acquisition:
The permission (report) number of restaurant for the category of business of 5.3 square meters in Mapo-gu Seoul Metropolitan Government 1st floor of Mapo-gu, Seoul Metropolitan Government
1. Indication of real estate;
2. The transferor and transferee of rights to the above real estate under Article 1 (Purpose) of the terms and conditions of the contract shall enter into a contract for acquisition of rights as follows by agreement:
- Total premium: 40 million won - Transfer scope (facility, etc.): The transferor under Article 2 (Transfer of leased Articles) of the present facility (mutual oral consultation) shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and goodwill to the transferee in order to enable the transferee to conduct the business immediately upon receipt of any balance.
except as otherwise provided in the agreement.
Article 4 (Cancellation of Contracts) (3) The transferor shall make maximum efforts to conclude a lease agreement with the owner and the transferee on the basis of the terms and conditions of the lease agreement (any change may be made at the request of the owner) with the owner before the outstanding payment date, and the lease agreement is normally made.