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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant Cooperative is a business cooperative established pursuant to Article 3(1)2 of the Small and Medium Enterprise Cooperatives Act for the purpose of building and developing the commercial buildings in the overcheon City B market (hereinafter “the instant commercial building”), and is a superstore operator pursuant to Article 2 subparag. 3 of the Distribution Industry Development Act. The Plaintiff is a member of the Defendant Cooperative, who is a member of the Defendant Cooperative, divided ownership of the five-story shop in the instant commercial building from April 1, 2009.
(b) Article 13 (Business and Handling Products) (1) In order to revitalize markets and maintain market order, unions shall maintain the business types of Article 13 (2) designated by floor with the consent of sectional owners at the time of initial sale, and at the time of permission for market establishment.
The 1st basement level: Scirir, living miscellaneous, restaurant 3: Newly Inserted by Presidential Decree No. 2020, Feb. 21, 2011; Presidential Decree No. 2010, Feb. 21, 2011; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 20130, Feb.
(4) Members, shop occupants, and sectional owners shall not engage in any type of business other than those approved by the cooperative, nor display and sell any product other than those approved by the cooperative.
(5) Members, shop occupants, and sectional owners shall operate a type of business, regardless of intention or negligence, other than those approved by the cooperative, or shall suspend displaying and selling goods other than those approved by the cooperative, and shall immediately remove the goods when the cooperative instructs to remove the goods.
(6) Where members, shop occupants, and sectional owners intend to change the types of business and handling products approved by the cooperative, depending on the circumstances.