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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2015.06.05 2015나50281
영업금지 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 6, 2009, the Defendant Youngsan C, D, E, F, G, and H ground I commercial buildings (hereinafter “instant commercial buildings”), including each store listed in the attached list, such as the Plaintiff’s sales contract, entrusted the instant commercial buildings to the Defendant Han Assets Trust Co., Ltd. (hereinafter “Defendant Suwon Assets Trust”) on a trust on a October 6, 2009.

On March 8, 2010, the Plaintiff purchased a store listed in the attached Table 1 (hereinafter “instant store”) among the instant commercial buildings from Defendant Ilsan Co., Ltd and Defendant Han Han Assets Trust, and leased the store to scam shopping Co., Ltd. for the purpose of selling it.

B. On the other hand, on April 4, 2014, Defendant Han Asset Trust entered into a contract to fully delegate the right to use and manage the entire commercial buildings of this case to Defendant Hansung S&S Co., Ltd. (hereinafter “Defendant Hansung S&S”).

Defendant B, on May 15, 2014, leased each of the stores listed in the separate sheet No. 2 from Defendant Hansung S&S, and operated SP business from July 2014.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including serial numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion, Suwonsan C&T and the Defendant Han Assets Trust set the types of business for each shop of the instant shopping mall and sold them in lots. As to the instant store, the type of business was designated as a supermarket business and the type of business for each shop listed in the separate list No. 2 as to each shop listed in the separate list No. 2 as a small-scale sales business other

Thus, the plaintiff has the right to request the defendants not to operate the Smarket business at each store listed in the separate sheet No. 2.

3. Determination

A. The facts of recognition 1.

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