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(영문) 서울북부지방법원 2017.07.13 2016가합20712
동종영업금지 등 청구의 소
Text

1. The purpose of Defendant A is to carry on real estate brokerage directly or by third parties from the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff et al. (1) is the Plaintiff’s status D and E-ground F (hereinafter “instant condominium”).

(1) A new construction business operator and a sales business operator, and a single asset trust (hereinafter referred to as “one asset trust”) is a stock company.

(2) On February 4, 2015, the Plaintiff completed each registration of ownership transfer on the grounds of the attribution of trust property as to 101, 102, and 107 among the instant condominium buildings on the same day.

3) G leased 101 among the instant condominiums in the first place, and operated real estate brokerage business from the Plaintiff, and now, it currently leases 107 and engages in the same kind of business. B. The Defendants’ status 1) H entered into a sales contract with one asset trust around April 14, 2013, under which H would purchase 113 among the instant condominiums. On November 21, 2014, H entered into a sales contract with one asset trust, and completed the registration of ownership transfer under the name of H on the basis of the said sales contract.

2) Defendant A purchased 113 of the instant aggregate building from H around November 17, 2015, and completed the registration of ownership transfer under the name of the said Defendant on December 31, 2015 with respect to the said 113 aggregate building. 3) At the time of the instant lawsuit, Defendant B (Withdrawal) leased 113 of the instant aggregate building from Defendant A, “I real estate”, “I real estate,” and “I real estate,” was operated under the trade name, by Defendant B (hereinafter “acquisition Intervenor”) prior to the closing of argument, and was in operation of the said real estate brokerage office.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, Gap evidence 6-1 and 2-2, Gap evidence 4-3 video and the purport of whole pleadings

2. Determination as to the cause of action

A. A person who acquires the status of a buyer or lessee of a shop after the building owner constructed a commercial building and selling it in lots for each shop, or who rents the shop under special circumstances.

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