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(영문) 서울동부지방법원 2014.07.23 2014가합114
영업금지
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the premise facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the statements in Gap evidence Nos. 1-2, 1-2, 11, 12, 14, and 15, and evidence No. 19-1, 2, and 6.

D. The Association (hereinafter referred to as the “Association”) implemented a F apartment construction project in Seongdong-gu Seoul, Seongdong-gu, Seoul, and newly built and sold a commercial building with the third underground floor and the first ground floor (hereinafter referred to as the “instant commercial building”) as its accessory facilities.

On September 21, 2012, the Plaintiff and his husband G, etc. entered into an agreement on real estate (hereinafter “105 agreement”) listed in attached Table 2 (hereinafter “105 agreement”) with the association prior to the replacement of the enforcement department, in order to settle disputes over the invalidity of the contract for sale of part of the number of houses among the first floor of the instant commercial building, which was concluded between G and the association prior to the replacement of the enforcement department, and accordingly, the Plaintiff entered into the agreement on real estate (hereinafter “105 agreement”) listed in attached Table 2 with the association.

The conclusion of the contract. The main contents of the agreement related to No. 105 and the contract for sale in lots, No. 105 are as follows. Article 3 of the agreement related to No. 105(1) are used in line with the purpose of designation on the contract for sale in lots, and alteration of purpose of use requiring permission is not modified without the written consent of the union

(2) When the contract for sale in lots is completed and the selection of shop occupants, the selection of types of business, and the attraction of lessees, consultation shall be made with the sale agent selected by the cooperative in accordance with the standards of Acts in order to maintain the unity, universality, and competitiveness of shop occupants, and the cooperative and the sale agent shall designate dental services among the sick members as exclusive stores, and they shall not allow the sale in lots and lease of

Matters of special agreement on the contract for sale in lots No. 105: The contents of separate agreement prior to this contract shall prevail.

Special terms and conditions: Partnership and sales agency shall be sick.

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