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(영문) 대전지방법원 2015.12.15 2014가단205758

영업금지 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) Composition of D D D D D D D D D, F apartment complex G (D) of the 1st underground floor and the 2nd ground floor located in Seo-gu, Daejeon, Seo-gu, and the 2nd underground floor located in H (hereinafter “1 complex shopping complex Dong”) and the 4th ground floor G shopping complex of the 4th ground and the 4th G shopping complex G (D) Dong (hereinafter “2 complex shopping complex Dong”).

A) On December 2, 2010, an inaugural general meeting was held to manage each Dong in the name of “D” (hereinafter referred to as the “B”) among the sectional owners or buyers of each shopping complex 1 and 2 complex 1 and 22 of the sectional owners or buyers, respectively, and the organization organized thereunder was established by a resolution of the next prosperity from December 4, 2010 to June 27, 201, through a written resolution of 32 sectional owners or buyers, including the following: < Amended by Presidential Decree No. 22508, Dec. 4, 2010; Presidential Decree No. 22502, Jun. 27, 2011; Presidential Decree No. 22568, Dec. 2, 2010>

Article 2 (Composition) The present session shall consist of representatives of D1 complexes and two commercial buildings located in Seo-gu E and H in the large exhibition.

Article 4 (Qualification) Qualifications for members of the Board shall be as follows:

(1) A member of the plenary session shall be an owner of buildings in units of D stores, or his/her spouse, legal representative, or tenant to whom qualifications for such members are delegated.

(2) AD store shall be acquired or a lessee shall be entrusted qualification for members simultaneously with a contract for the lease of a store.

A member shall not withdraw at will from this meeting while moving into D.

Article 21 (Restriction on Business Category) The member of the plenary session shall not engage in any business other than the designated business type at the time of sale, and shall comply with the following provisions:

(1) No member of this meeting shall add any business overlapping with the designated type of business to another store in a commercial building.

(5) When a store in a commercial building is first sold in lots (to purchase a store from the main, b&C and the former and incumbent executives), the business type as at the time of the sales contract shall be its own business type, and it shall be used in cases of a factory laboratory as at the time of the sales contract.