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(영문) 수원지방법원 성남지원 2021.03.26 2019가합405156
영업금지 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. F Co., Ltd. (hereinafter referred to as “F”) is a business operator who constructed a new building in attached Form 1 (hereinafter referred to as “the instant building”) and completed the registration of ownership preservation on February 23, 2004. F’s “F Agreement on Sale in lots of the said building (G heading, H heading, and I)” used by F in selling the heading room of the said building, the following contents are written in the vice versa:

§ 12. Management, operation, and installation of facilities

3. In principle, the purchaser shall use the recommended type of business, if there is a type of business recommended at the time of sale, and the purchaser shall use the recommended type of business after consultation among the occupants in braille.

6. Any seller may sell in lots and lease an object by changing the type of business to be designated and recommended according to the surrounding environmental conditions at the time of completion of the object, and the buyer shall not raise an objection thereto;

B. On September 14, 2004, Plaintiff A entered into a sales contract with F to purchase the Jhoho Lake of the instant building (hereinafter “Jhoho”) and completed the registration of ownership transfer. Plaintiff B and C entered into a lease contract with Plaintiff A and are currently operating a dental clinic under Jho Lake.

Plaintiff

The sale contract between A and F concerning J heading is written with the following contents:

Description of an object: Article 10 (Management, Operation, and Installation of Facilities) of Dentals

3. In principle, the purchaser shall use the recommended type of business, if there is a type of business recommended at the time of sale, and the purchaser shall use the recommended type of business after consultation among the occupants in braille.

Matters of special agreement

1.The buyer shall assume the civil and criminal liability arising from the lease of the article to a third party other than the designated type of business, and shall add this phrase to the subsequent sale and purchase of the article so that the type of business in the building does not overlap.

2. The seller does not arrange for the rental of dental services with respect to the Friju Center New in the vicinity of this article.

(c)

The defendant.

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