beta
(영문) 의정부지방법원 2014.06.20 2014가합564

영업금지 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the co-owner of the instant shop from among the instant stores, and Plaintiff B is a pharmacist who is operating a pharmacy after completing business registration with the trade name of “G” on January 14, 2013. Defendant C is the co-owner of the said shop, and Defendant C is the co-owner of the said shop, and Defendant C is the co-owner of the said shop, and Defendant C is the co-owner of the said shop, and Defendant E is the co-owner of the said shop, and Defendant E is the co-owner of the said shop and the pharmacist, who is operating the said pharmacy at the said shop.

B. On December 22, 2001, H, the owner of the instant commercial building, newly built the instant commercial building and leased each floor in installments, and decided to register the instant commercial building as an aggregate building and sell the instant commercial building in installments. From April 201 to October 201, H, the owner of the instant commercial building, 11 stores (including Plaintiff A, I, and J, sold eight buyers including the Plaintiff, I, and J, and completed registration of the instant commercial building to the buyer on May 24, 201, and completed registration of the divided ownership transfer of each of the instant commercial buildings.

C. At the time of selling the instant commercial building, H indicated the type of business currently in operation in the column of the “structure/use” of the sales contract of the store subject to sale among the instant commercial buildings, and attached the following attached details:

(A) The attached Form of the Commercial Building Agreement is attached to the Commercial Building Agreement.

1. In the event that a contract under the alteration of a building from the present ordinary building to a collective building is concluded and technical problems are not possible, only the sale of real estate is null and void, and the down payment shall be refunded without penalty;

2. Each purchaser shall be a condition that he/she will be succeeded to the current status of the current user or lessee, as is, and the floor area of the fifth floor.