영업금지 등
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The plaintiff's assertion is that the plaintiff can operate a supermarket only on the first floor underground in the case of the sales contract in the annexed sheet No. 1 and the sales contract in the annexed sheet No. 1 where the store belongs, and it is not possible to operate the supermarket on the first floor, but the defendant Eul directly operates the supermarket in the annexed sheet No. 2, which is the first floor, and the remaining defendants are involved in the operation of the supermarket by leasing it to the defendant Eul. Thus, it is argued that this constitutes infringement on the restriction on the types of business, and therefore, it is prohibited against the defendants to conduct the supermarket business in the annexed sheet No. 2.
2. Fact and determination
A. Facts of recognition 1) Defendant Simsan C&T Co., Ltd. (hereinafter “Gumsan C&T”)
(3) On October 6, 2009, Defendant Han Asset Trust Co., Ltd. (hereinafter “I Asset Trust”) was the owner of the store listed in the separate sheet Nos. 1 and 2.
A) Trust was entrusted to Defendant Han Asset Trust, and on April 4, 2014, Defendant Hansung S&S Co., Ltd. (hereinafter “Korea Sungsung S&S”).
(2) On March 8, 2010, the Plaintiff entered into a delegation contract with the Plaintiff to fully delegate the authority to use and manage all commercial buildings where the said store is located. (2) On the part of the Plaintiff, the Plaintiff purchased a store in the attached Table 1 from the Defendant Suwon C&S and the Defendant Han Assets Trust, and leased the store in the attached Table 1 to a lot shopping company, so that shopping may be used as a Schlage. Defendant B leased the attached list 2 from the Defendant Hansung S&S on May 15, 2014, and operated SP business from July 2014.
3) When the Plaintiff purchases a store in the annexed sheet 1, the sales contract prepared by the Plaintiff is indicated as follows: Article 12 (Use of Prize Price) ① “A” (Defendant’s life catty).
) The sales plan (or, in accordance with the content of the sales advertisement, the above displayed shopping mall) prepared within the scope of the content of the approval or building permit: