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(영문) 의정부지방법원 고양지원 2018.04.27 2017가합76640
영업금지 등
Text

1.(a)

Defendant B shall have the Defendants or a third party on each real estate listed in [Attachment 1] List 1 and 2.

Reasons

1. Basic facts

A. On May 194, the Plaintiff: (a) purchased the use of “purchase facility”; (b) the sales contract provides that “the use of the store shall operate the business in compliance with the usage indicated at the time of sale,” as to the F Building Building Dong, a commercial building located in Gyeyang-gu E (hereinafter “instant commercial building”); and (c) the sales contract provides that “the use of the store shall operate the business in compliance with the usage indicated at the time of sale.”

(Article 13(3). The plaintiff is operating the Hmarket in the store around that time.

(A) Evidence Nos. 1, 5, and 5; hereinafter the same shall apply).

Defendant B acquired the ownership of the said store on May 10, 2017. Defendant C completed the interior works, etc. in order to lease each of the said stores from Defendant B on the same day, from May 20, 2017, the said stores from Defendant B, the third store from I on May 20, 201, and the G store from J on May 11, 2017 in order to operate the “K Empt” (hereinafter “instant Empt”).

(Evidence A, Nos. 3, 4, 1, 2, 4). (C)

In around 1999, the “LADD” comprised of the sectional owners and lessees of the instant shopping mall (hereinafter “instant shopping mall”) established the management rules for commercial buildings (hereinafter “instant rules”). The main contents are as follows.

(A) The purpose of this Code is to promote the common interest of shop occupants and users and to create a better commercial environment by prescribing matters necessary for the protection and management of the basic facilities and ancillary facilities of the instant commercial building.

Article 3 (Definitions of Terms) The definitions of terms used in the Code shall be as follows:

2. The term “in braille” means an owner of sectional ownership;

3. The term “user” means a person who borrows his section of exclusive ownership;

Article 5 (Obligation to Observe Regulations, etc.)

1. The shop occupants, users, etc. shall maintain order in commercial activities and commercial buildings;

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