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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. Around December 2006, the P&D Ballast Co., Ltd. (hereinafter “P&D”) newly built an apartment-type factory complex (hereinafter “instant factory complex”) comprised of four Dongs, including the business center ( underground fourth and fourth floors), the main center (ground second and fourth floors), the center (ground second and fifth floors), the center (ground second and fourth floors), and the KON Center ( underground fourth and fourth floors), on the ground level.
B. On December 15, 2004, F sold a store to the buyer of the instant factory complex by setting a type of business for each store, and on December 15, 2004, F purchased the two-story 209 (hereinafter “Defendant shop”) above the main center, the main center, and the two-story 209 (hereinafter “Defendant shop”). The Defendant purchased 1/2 shares from F on April 13, 201 from the Defendant shop and completed the registration of ownership transfer, and thereafter, he operated the cafeteria at the said shop.
C. Of the instant factory complex, the Plaintiff operated a restaurant with the name of “H” by leasing the 103 floor of the KONEX-dong (hereinafter “instant store”) from G, the owner of the instant plant complex, and operated a restaurant by selling food tickets from January 2013, and selling food tickets to customers by the day of January 2013, and by using the meal table, operated a business in such a way as to mislead customers and bring them to mispercuate and bring them to eating.
On October 31, 2012, the Defendant filed an application for provisional disposition of prohibition of business, etc. with the Suwon District Court Sung-nam Branch 2012Kahap629, asserting that the Plaintiff’s operation of the restaurant by means of selling a ticket at the instant store and forming a Mere New Airport using the food table was in violation of the Defendant’s business interests, and the said court partially accepted the Defendant’s application on January 18, 2013, and rendered a provisional disposition order with the following contents (hereinafter “instant provisional disposition order”).