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(영문) 부산지방법원 2020.04.22 2019가합44763
영업금지 등 청구의 소
Text

1. The defendant on March 15, 2027 at Busan Metropolitan City, Busan Metropolitan City, Northern-gu, Gu, Dong-gu, Southern-gu, Dong-gu, Dong-gu, Seo-gu, and Seo-gu.

Reasons

1. Basic facts

A. From February 2009, the Defendant operated the instant golf practice range (hereinafter “the instant golf practice range”) with the trade name of J in the entire area of Nos. 1 and 1 (hereinafter “instant H” and “instant Nos. 1”) of Nos. 1 and 2 underground floors underground in Busan J from February 2, 2009.

B. On February 16, 2017, the Plaintiffs entered into a sales contract with the Defendant for the instant I and inside equipment and expenses (hereinafter “instant sales contract”) with a total of KRW 75 million with respect to the purchase price for the instant I and inside equipment and expenses, and agreed to vest the sales accrued after March 16, 2017 in the Plaintiffs. The Plaintiffs had operated the instant driving range in the same trade name as before, after completing the registration of ownership transfer under the Plaintiffs’ name on April 18, 2017.

C. After the Defendant changed its business registration with the trade name “K’s written store” following the conclusion of the instant sales contract, the Defendant operated the screen golf range in the H of the instant case, and the Plaintiffs and the Defendant drafted a written agreement as follows on April 25, 2017.

[hereinafter] The agreement of this case and the agreement of this case are "the agreement of this case", and "seller" are the defendant (L is the defendant's reference).

(C) On February 16, 2017, the Plaintiff entered into a collective contract for succession to the golf (M) business operated by a seller of underground second-rises. The buyer entered into a collective contract for succession to the said purchaser.

However, the seller L installed an additional K prior to the remainder of the underground floor and installed a facility of the same type of business that may interfere with the operation of the underground second screen golf.

Provided, That the first and second underground have been operated for the same category of business for eight years, which is divided into acquisition. The seller shall temporarily establish and operate the business until the first underground floor is sold and sold.

In addition, the underground first floor is the situation in which the sale is to be made in the unit of the real estate in which the sale is to be made, such as the underground second floor.

Therefore, it is true.

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