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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s pharmacy business 1) D is about April 15, 1997 E Co., Ltd. (hereinafter “E”).
(B) G buildings in the F of the Nam-gu, East-gu, Seoul (hereinafter referred to as the “instant building”).
(2) The Plaintiff, as the Plaintiff’s children, purchased the above H from D on July 10, 200, and completed the registration of ownership transfer as to each of the above 1/2 shares out of the above stores on August 7, 2000. 2) past H had K operated the cosmetics sales agency business in the trade name called “Lcosmetic,” and from September 14, 200 to December 3, 1997, the Plaintiff runs the pharmacy business in the name of “M pharmacy.”
B. The Defendant’s pharmacy business 1) N was designated by E on April 16, 2001 as the category of retail business and sold in lots, and completed the registration of transfer of ownership on April 18, 2001. The Otyped Association purchased the commercial buildings listed in the separate sheet from N on May 20, 2009 at KRW 240,00,000, and completed the registration of transfer of ownership on May 21, 2009. 2) The Defendant leased the instant commercial buildings from Otyped Association (hereinafter “instant commercial buildings”) from the end of November 2019 to run the pharmacy business in the name of “P pharmacy.”
C. On April 15, 1997, Q, the Defendant’s head, Q, as the Plaintiff, was designated and sold as the category of business of the instant building in KRW 235,500,00, and completed the registration of ownership transfer on December 3, 1997, operated a pharmacy business in the said store as “S pharmacy.” (ii) Q, as the Plaintiff, filed a lawsuit against the Plaintiff seeking the prohibition of the Plaintiff’s business activities for the reason that Q, as the Plaintiff’s head, did not engage in the retail business, which is the type of business designated at the time of sale under subparagraph H of the instant building, and infringed the Plaintiff’s business interests by engaging in the “pharmacy business” without engaging in the “market business” as the type of business designated at the time of sale.
(The Daejeon District Court Branch 2010Kahap4526).