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1. The defendant himself/herself or a third person shall operate the real estate brokerage business by March 31, 2024 in the area of Namyang-si.
Reasons
1. Facts of recognition;
A. On April 22, 2011, the Defendant leased No. 101 of the D Apartment Building Building 100, which was owned by C, and separately paid KRW 29 million to F in the name of the facility of the “E” office (hereinafter “instant office”) and the membership acquisition price, and operated the said office.
B. From March 31, 2014, the Plaintiff leased the said shopping mall No. 101 to KRW 20 million, KRW 700,000 per month, and the period from May 30, 2014 to May 30, 2016, from March 31, 2014, the Plaintiff acquired the instant office’s goodwill, all facilities and membership rights from the Defendant (hereinafter “instant transfer agreement”), and paid the Defendant and C KRW 200,000,000, respectively, to the Defendant and C on the same day, and on May 30, 2014, KRW 36 million.
C. However, on July 11, 2014, the Defendant: (a) opened and completed the registration of the real estate brokerage office in the name of “H” (hereinafter “H”) from the instant office in Yangyang-si, Nam-si, G Apartment 102 away from approximately 3km; and (b) voluntarily closed the said office on January 9, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 8, Gap evidence 3-1, 2, 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Article 41(1) of the Commercial Act provides that “In the case of the transfer of business, unless otherwise agreed, the transferor shall not engage in the same kind of business in the same Special Metropolitan City, Metropolitan City, or Si/Gun and the neighboring Special Metropolitan City, Metropolitan City, or Si/Gun for ten years.” According to the above recognized facts, the defendant, who is the transferor, shall be excluded from April 1, 2024 from May 30, 2024 to March 31, 2024, 100 after ten years from the date of the contract of the transfer of this case, until May 30, 2024. As the plaintiff seeks, the defendant, as the transferor, shall not directly engage in or let a third party engage in the real estate brokerage
Therefore, there is no identity between the transferred business and the newly commenced business.