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(영문) 대전지방법원서산지원 2017.11.08 2016가단54324
집행문부여의 소
Text

1. Order of the decision of the Daejeon District Court's Seosan Branch C Indirect Compulsory Performance Case between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. During the process of the relevant case (1) The Plaintiff completed the registration of ownership transfer on May 23, 2010 with respect to the 2nd floor E, F, G, and H-ho store (hereinafter “Plaintiff store”) in Seosan-si, D apartment store, Seosan-si, and operated a English private teaching institute from around that time.

(2) On August 21, 2012, the Defendant completed the registration of ownership transfer with respect to D apartment shopping mall 3rd floor I, Jhoho, and K stores (hereinafter “Defendant shop”), and operated “LLAA”, which is a Bonsan Private Teaching Institute, from around that time, and entered into a franchise agreement with the English Educational Franchise Co., Ltd. (hereinafter “N”) and operated a private teaching institute under the name of “N”.

(3) On February 6, 2014, the Plaintiff filed a lawsuit (Seoul District Court Seosan Branch 2013Gahap3582) against the Defendant on the ground that the Defendant had a duty not to conduct a business concurrently with the English Private Teaching Institutes operated at the Plaintiff store in accordance with the D Apartment Management Rules, and subsequently rendered a judgment that “the Defendant shall not conduct a business of English Private Teaching Institutes at the Defendant store.”

(4) Accordingly, the Defendant appealed, and the conciliation was concluded from the appellate court (Seoul High Court 2014Na10685) to February 6, 2015, as follows.

① Since January 1, 2016, the Defendant is prohibited from running a franchise private teaching institute business including English franchise private teaching institute business or English-related contents in the building of D apartment shopping mall (hereinafter referred to as “instant shopping mall building”).

(2) In conducting private teaching institute business in the building of this case since January 1, 2016, the defendant shall not use the teaching materials and tools manufactured by a company conducting franchise business, including English franchise business or English-related contents.

B. On April 25, 2016, the Plaintiff filed an indirect compulsory performance based on the original copy of the protocol of mediation and filed an application for indirect compulsory performance, and on April 25, 2016, the Daejeon District Court Branch Decision 2016Kaea5002, hereinafter referred to as “Chsan Branch Court”).

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