beta
(영문) 대전지방법원서산지원 2015.09.03 2014가합2001114

영업금지청구 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party E in Jin-si D (hereinafter “instant commercial building”).

1) A store of 101 per floor (hereinafter “101 store”)

(2) Defendant B is the owner of the instant store No. 106 (hereinafter “106 store”), and Defendant C is operating the F pharmacy by leasing the store No. 106 store from Defendant B.

B. 101 Agreement that guarantees the exclusive operation of the stores of this case 1) The sales company of the commercial building of this case set the type of business as retail stores with respect to G, H and 101 stores on July 20, 2009, and entered into a sales contract with the specific type of business as a pharmacy, and entered into the following special agreement. Article 17 (Special Agreement) (1) of the same Act provides that only the pharmacy located in this building (including a 101-type pharmacy) shall have the exclusive exclusive monopoly of the same type of business (including a 101-type pharmacy). (2) Even if the building is sold or leased to a third party, the sales contract of the other stores of this case, including the store No. 106, does not designate the purpose and type of business, but the sales contract of the commercial building of this case does not include a special agreement.

C. 101 and 106: (a) G sold 101 stores to I; and (b) H completed the registration of ownership transfer on September 2, 201. As to the store 101, I completed the registration of ownership transfer claim on February 8, 2013, and completed the principal registration on May 16, 2013. (b) The J, who purchased the store 106, completed the provisional registration on February 8, 201 to K on February 8, 201; and (c) the Plaintiff completed the additional registration on November 22, 2012 before the provisional registration on March 7, 2013.

On March 27, 2013, the Plaintiff stated that the cause for registration is "trade on February 25, 2013," but it seems that the sales contract was concluded on March 27, 2013.

106 No. 106 stores.