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(영문) 전주지방법원 2015.10.21 2015가합2330

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be admitted, either in dispute between the parties, or in full view of the respective entries and arguments set forth in Category A(1) to 4:

C, in the case of Kim Jong-si, operated a water-sale business entity in the name of E in the building of D D, but on June 8, 201, entered into a contract to transfer all of E businesses including three of the above building and operating vehicles and employees, and agreed not to engage in the same kind of business after transferring all of the above businesses to the Defendant.

B. After the above contract, there was a dispute as to whether C and C violated the same business prohibition agreement between C and C, and in the case of an application for provisional injunction against business prohibition against C filed by the Defendant against C, the Jeonju District Court 2014Kahap100024, which was brought by the Defendant against C, the Defendant and C drafted a protocol of compromise with the following content (hereinafter “instant protocol of compromise”) on November 6, 2014 by the same court (hereinafter “instant protocol of compromise”).

Reconciliation Clause

1. C Of the dry fish of this case, only the following transactions may be permitted in the name of the principal or a third party:

Items permitted to be traded: Items destroyed among dryed articles;

(b) Areas where transactions are allowed: All areas, including Jeonju, Gunsan, and Cheongcheon, located outside Jeollabuk-do, within Jeollabuk-do;

(c) Period during which a transaction is allowed: for seven years from November 3, 2014 only for destroyed items (which may be traded in all nationwide areas where the period of permission for transaction expires when the transaction is completed);

2. If C violates any of the trading items or areas described in paragraph 1, no transaction may be made with respect to any area where the transaction is conducted for the following seven years.

In addition, as a penalty, 10,000,000 won per violation shall be borne by the defendant for each violation.

C. Around January 2015, the Defendant violated Article 21(1) of the Settlement Agreement between November 5, 2014 and January 12, 2015, on a total of 21 occasions.