beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On July 9, 1996, the Plaintiff sold Nos. 503, 1996, Seo-gu, Seocheon-gu, Incheon (hereinafter “the building in this case”) to operate the Taekwondo Chapter in the trade name of “G”. H was each owner of the building 304, the owner of the building in this case, the defendant C, the owner of No. 305 (the transfer registration on December 10, 1998), the defendant D, and E, each of the 1/2 shares (the transfer registration on November 6, 2008) in 306 of the building in this case.
Defendant B, on September 16, 2009, leased Nos. 304, 306 of the instant building from H, Defendant D, and E, and on September 18, 2009, Defendant C leased Nos. 305 of the instant building from Defendant C on September 18, 2009, and started to operate the Taekwondo hall with the trade name “I” from November 2009 to “304, 305, and 306.”
The Plaintiff filed a lawsuit against the Defendants and H on the ground that “The Ilsung Construction Co., Ltd. that newly built and sold the instant building,” stipulated the duty to restrict the type of business in the prosperity Regulations of the instant building, and the Defendants, who owned or leased and used the instant building by selling or purchasing 304, 305, and 306 among the instant commercial buildings in sequence, are liable to observe each designated type of business, in violation of such duty, thereby causing damage to the Plaintiff by running the Taekwondo place business in violation of the duty to observe each designated type of business.”
Accordingly, although H and Defendant B were dissatisfied with and disputed, it is deemed that Defendant C, D, and E had led to the confession of the Plaintiff’s assertion on April 26, 201, and the first instance court of the instant related case concluded the pleading on April 26, 201, and concluded the Plaintiff’s claim against H and Defendant B on May 31, 2011, it can be recognized as to whether there was an agreement between the buyer of the instant building and the lessee who transferred the ownership or leased the store’s ownership, or whether there was an agreement between the buyer of the instant building and the lessee to authorize the duty of restricting the type of business.