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(영문) 인천지방법원 2015.04.14 2014가합52793
경업의무 부존재확인 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From January 21, 2013, the Plaintiff operates a laundry in the name of “E” in subparagraph 105 of Article 105 of the Incheon Seo-gu, Incheon (hereinafter “instant shopping mall”). From August 21, 2018, the Defendant is operating a laundry in the trade name of “Flaundry” in subparagraph 204 of the instant shopping mall from August 2008.

B. The Defendant filed an application against the Plaintiff for a provisional disposition against the Plaintiff as the District Court Decision 2013Kahap147, based on Article 8 of the Management Rules of the Commercial Building in this case, and this Court rendered a decision of citing the provisional disposition on March 6, 2013.

Therefore, although the plaintiff filed an objection against provisional disposition, it was dismissed on July 10, 2013.

C. Meanwhile, pursuant to Article 38 of the Housing Construction Promotion Act and Article 9 of the former Decree on the Management of Multi-Family Housing (amended by Presidential Decree No. 18146, Nov. 29, 2003), the following management regulations regarding the rights and duties of shop occupants, etc. (hereinafter “instant management regulations”) were stipulated in the instant management regulations. The pre-sale occupants of the instant commercial building 105 and 204 agreed to the instant management regulations.

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

1. The term "occupant" means the owner of sectional ownership and the person who runs a business in the commercial building leased by the owner;

Article 6 (Effect of the Code) This Code shall also apply to any person who succeeds to the status of the occupant.

Article 8 (Rights, etc. in Braille, etc.)

1.The occupant shall have the following rights:

(e)recogn multiple types of business in order to protect the property rights of store owners, effectively manage them, and prevent disputes;

On August 2006, 24 of the 37 occupants of the commercial building of this case signed the following written consent around August 2006.

Title: A type of business is the same type of business, even though there is a conversion from the present type of business to another type of business or another type of business within the F of the consent on the restriction of the same type of business in the F commercial building.

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