beta
(영문) 수원지방법원 2017.04.28 2016가합79645

영업금지 등 청구

Text

1. The defendant shall not run a real estate brokerage business in the Young-gu C Ground Building in Suwon-gu, Suwon-si by March 30, 2026.

Reasons

1. Basic facts

A. On March 31, 2016, the Plaintiff entered into a contract for acquisition or transfer of the following rights (facilities) with the Defendant, who had operated an intermediate real estate (hereinafter “instant brokerage”) in the name of “E Licensed Real Estate Agent Office” in the building D’s office in Young-gu, Suwon-si, Suwon-si (hereinafter “instant brokerage office”) (hereinafter “instant contract”), and paid the Defendant premium of KRW 25,000,000 (hereinafter “instant premium”) for the premium to the Defendant.

The instant brokerage office was changed to “F Licensed Real Estate Agent Office” on April 7, 2016.

2. Article 1 (Purpose) of the contents of the contract of this case as to the broker of this case, the defendant concludes a contract for acquisition of rights as follows by agreement of the plaintiff.

Total premium amount: 25,00,000 won (time of contract) - The extent of transfer (facilities, etc.) - All equipment of the present facilities - Items excluded from all: Personal equipment - personal equipment - water purifiers, Internet, net sports, telephone, and facsimile.

Article 2 (Transfer of leased Articles) The Defendant shall deliver the instant brokerage office to the Plaintiff by the day immediately before the commencement of the lease contract, and the Defendant shall remove all matters impeding the exercise of the right of lease and deliver the same including all facilities and business rights so that the Plaintiff may operate his business immediately at the same time with the receipt of any balance.

(hereinafter omitted)

3. Terms and conditions of a lease agreement for an object to be transferred or taken over - Owner: G - Lease deposit 5,000,000 won, monthly rent of 50,000 won, and the term of the contract from March 15, 2016 to March 14, 2018 [matters of special agreement]

1. The present contract is a contract for the transfer of rights under the present facility, and the contract is concluded after confirming the Plaintiff’s on-site response. 2. This contract is for business purposes and for various successions, etc. under the cooperation of the Defendant.

3. This contract is null and void, which makes it impossible for the commercial building to register according to the Plaintiff’s business purpose (real estate) without any cause attributable to the Plaintiff and the Defendant.

B. The defendant is going to work at the instant brokerage office.