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Reasons
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(영문) 서울중앙지방법원 2015.04.30 2014가합45688
약국영업금지등
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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. On March 10, 2006, the Plaintiff is a selling company (hereinafter “sale company”) on March 10, 2006.

) From Gwanak-gu in Seoul Special Metropolitan City, E (hereinafter referred to as “instant commercial building”) an aggregate building of three underground and eight above ground floors in Seoul Special Metropolitan City;

Of the stores Nos. 108, 109, and 115 of the first floor (hereinafter referred to as “the store of the instant commercial building”).

(2) On March 28, 2005, F had sold 107 from a selling company to a bank, and completed the registration of ownership transfer on May 23, 201, and sold it to Defendant B on May 23, 201, and completed the registration of ownership transfer on June 8, 201, after purchasing 111 and 112 on May 15, 2008, and expanding the existing stores after completing the registration of ownership transfer on June 12, 2008.

3) Defendant B leased No. 107 to Defendant C on June 3, 2013, and Defendant C operated a pharmacy from March 10, 2014 to March 10, 2014. (b) The content of the sales contract and each sales contract written by the Plaintiff and F with the selling company have the following provisions concerning the change of the type of business, and the Plaintiff’s 108 sales contract in the column of the type of business is entered as a pharmacy and 107 sales contract by F as a bank, respectively. Article 8 (Facilities’s Use of Facilities and Prohibition of Business Change) “B” (referring to a buyer; hereinafter the same shall apply) (referring to a buyer; hereinafter the same shall apply) refers to the purpose and type of business specified in this contract for the common interest of all the selling companies, and it cannot be changed without the approval of “A” (referring to the selling company; hereinafter the same shall apply).

4) If “B” changes the use and type of business specified in this Agreement without the approval of “A”, “A” may cancel this Agreement and, thereby, “B” shall compensate for damages incurred to “A”. 5) “B” shall be the buyer’s status.

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