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(영문) 서울남부지방법원 2020.07.28 2018가합115482
영업행위금지청구
Text

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

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

Reasons

Basic Facts

On October 31, 2016, Plaintiff A entered into a contract with H Co., Ltd. (hereinafter “sale Company”) to purchase the Plaintiff’s IJ neighborhood living facilities (hereinafter “instant shopping district”) in the amount of KRW 453,870,000, and to purchase the Plaintiff’s KRW 472,020,000, respectively, and on October 26, 2017, Plaintiff A succeeded to the Plaintiff B with 1/2 of the rights and obligations under each of the sales contracts as above.

Plaintiff

A At the time of the conclusion of each sales contract, at the time of each of the above sales contracts, prepared a "written confirmation of the contract and the content of consultation (hereinafter referred to as "written confirmation") which includes the following: "At the time of the conclusion of each sales contract, this commercial building was recognized and sold as being designated by each of the types of business, and it is possible to convert into another category of business except for the type of business in the existing commercial building."

The Plaintiffs completed the registration of ownership transfer with respect to the instant shopping mall F and G on October 31, 2017. From December 8, 2017, the Plaintiffs run a coffee sales business with the trade name “K” in the said F and G from December 8, 2017.

On January 4, 2018, Defendant C purchased the sales right of the instant shopping mall L from M to KRW 873,200,000, and on the same day, M succeeded to the rights and obligations under the sales contract concluded with the seller company on June 10, 2016.

M At the time of conclusion of the sales contract for the commercial L of this case, the category of L in the confirmation document is "convenition store".

Defendant C completed the registration of ownership transfer on January 4, 2018 with respect to the instant shopping mall L.

Defendant D is engaged in the business of selling sandd position, coffee, Kimbed, etc. in the trade name “N” by leasing the instant shopping mall L from Defendant C.

Defendant E, prior to the construction of the instant commercial building, was engaged in the business of selling the “P” medical device in the commercial building located on the site of the said commercial building, and the execution of the instant commercial building construction project.

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