영업금지
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff acquired the ownership of the instant shopping mall B102 (hereinafter “B102”) through a public sale procedure on December 27, 2012, and operates a pharmacy with the trade name “F pharmacy” from March 2013 to March 102.
B. Defendant B and C are co-owners who acquire ownership of one-half share of the instant shopping mall 106 on January 26, 2012.
Defendant D leased No. 106 to the Defendants on October 7, 2015, and operated a pharmacy in the name of “G pharmacy” from December 28, 2015 to 106.
C. As to the restriction on the type of business in the sales contract for each of the instant commercial buildings, the following provisions are printed in the same text:
Article 10 (Restrictions on Use and Types of Business) (1) In accordance with the contents of the sales plan prepared within the scope of the contents of the approval of the business plan or building permission, A (seller) shall designate and sell the above display price for the following purposes, and have it opened for business accordingly:
Each store, other than the designated type of business, shall maintain the specified use for each store, and all the problems arising from the change of the use shall be the buyer's responsibility.
Designation of a type of business for commercial use: Only a designated buyer (including a lessee) may open a pharmacy, and a buyer (including a lessee) who has not been designated as a type of business shall not open the said category of business.
The relevant provisions of the instant commercial autonomy agreement are as follows.
Article 37 (Types of Business) (1) A sectional owner, etc. shall comply with the agreed type of business at the time of sale and lease, and where he/she intends to add or change the type of business, he/she shall file a written application with the Commercial Building Management Committee, and the Commercial Building Management Committee shall approve it in writing when he/she
(2) Where it is discovered that another type of business is changed without approval from the Commercial Building Management Committee or another item is handled.