영업행위금지
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of the third floor among the buildings listed in the attached list (hereinafter “instant building”). From August 2004, the Plaintiff is operating the “Cental clinic” in the said commercial building. From around March 2, 2016, the Defendant leased D the second floor 214 of the instant building (hereinafter “instant commercial building”) from D, and operates the “E dental clinic” in the said commercial building.
B. The Plaintiff entered into a contract for sale in lots. The Plaintiff entered into a contract for sale in lots by designating the type of business as a dental clinic on the three-story 313 among the instant buildings, and completed the contract for sale in lots on August 11, 2004. On the other hand, D entered into a contract for sale in lots by designating the type of business as the type of business as to the land development and the instant commercial buildings as the source of business, and completed the registration of ownership transfer on September 1, 2004. The contents relating to the restriction on the type of business in each of the above contracts
Article 7 (Use of Sales Price) (1) A sales company shall designate and sell the above display price for the above purpose in accordance with the details of a plan for sale (or sale advertisement) prepared within the scope of the details of approval of a business plan or a building permit, and have it conduct the opening business accordingly.
(2) A buyer shall open a store for the above purpose, and where he/she intends to change for another purpose, he/she shall consult with the selling company in the case of the selling company so as not to undermine the composition, harmony and activation
(3) Where a buyer intends to change the purpose of use after shop occupants, the regulations on the self-government of commercial buildings shall apply.
C. Meanwhile, the sectional owners of the instant building organized the shopping mall management body (hereinafter “instant shopping mall management body”), and on October 14, 2004, established the shopping mall management rules (hereinafter “former management rules”), and the provisions relating to the restriction on the category of business among them are as follows:
Article 6. The validity of the Code shall be limited to the sectional owners, occupants, and their successors.