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(영문) 인천지방법원 2017.04.07 2016가합56324
영업행위금지
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner of the second floor No. 202 (hereinafter “Plaintiff-owned condominium”) of the second floor of the “D” commercial building in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant commercial building”). From January 2005, the Plaintiff is operating a pharmacy with the trade name “E pharmacy” in the Plaintiff’s possession from January 2005.

B. The Defendant leased each real estate indicated in the attached Table 1 list, namely, Nos. 111 and 113 of the first floor of the instant commercial building (hereinafter “Defendant’s leased building”) and operated a pharmacy from August 2016 under the name of “F pharmacy”.

C. The instant commercial building management rules which came into force on December 4, 2000 (hereinafter “former Commercial Building management rules”) include the following:

Article 2 (Definitions) The definitions of terms used in this Code shall be as follows:

1. The term "occupant" means the owner of a relevant condominium building;

2. The term “user” means a person other than an occupant who uses an aggregate building;

3. The term "occupants, etc." means occupants and users;

Article 3 (Scope of Objects of Regulations) The objects of this Code shall be the commercial buildings of this case and their sites and facilities together with facilities attached thereto. Article 5 (Obligation to Observe Regulations, etc.) In order to maintain a smooth common use, occupants, etc. shall comply with the relevant Acts and subordinate statutes, the Rules, and the Regulations (hereinafter referred to as the "relevant Regulations").

Article 6 (Effect of Regulations) (1) This Code shall also be effective for any person who succeeds to the status of an occupant.

(2) With respect to the method for the use of an object under Article 3 of this Code, the provisions of this Code shall also have the same effect as the occupant.

Article 8 (1) An occupant shall have the following rights:

1. Rights to use the section of exclusive ownership for the purpose;

3. Right to request repair of aggregate buildings, etc.;

6. The user of (2) shall have a voting right to the enactment and amendment of the management rules; and

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