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(영문) 서울서부지방법원 2018.04.26 2017가합33650
약국영업금지 등 청구
Text

1. The Defendants are pharmacies with a 43.3 square meters of reinforced concrete 43.3 square meters in Mapo-gu, Seoul, and four parcels of E apartment No. 3, Dong-dong.

Reasons

1. Basic facts

A. On October 194, G apartment reconstruction association sold (hereinafter “instant parcelling-out”) E apartment dong (hereinafter “instant commercial building”) located above 4 lots, Mapo-gu Seoul Metropolitan Government D and 4 lots, and the content relating to the type of business on the sales contract is as follows.

Article 10 (Management) After completion of a building, management shall be implemented as prescribed by the Housing Construction Promotion Act or the Decree on Management of Multi-Family Housing.

Operation and management of a commercial building shall be organized and managed by an autonomous management organization.

Article 13 (Other Matters) (1) Types of business shall be types of business that can be used for each store, and the overlap of the types of business after the sale shall be handled through mutual consultation between the saleroom occupants, and Eul (seller) shall not demand adjustment thereof from the buyer.

All the matters concerning the store sold to Do governor (store management, business permission, change of use) shall be managed by the buyer's responsibility.

⑶ 학원, 의료시설 등 허가 또는 신고대상 점포� 관할기관에 점포의 최소면적, 등록 및 인가사항 등 제반사항을 확인하여야 하며, 미확인에 따른 문제는 입점자 책임으로 한다.

x h of the first floor is designated as a type of business, so the seller of another store is not allowed to open this category of business in duplicate.

(v)a well-being facility of the second floor above and that of the first floor above are essential living facilities, so it shall not be altered or used for other purposes;

B. On December 24, 1998, the Plaintiff leased the first floor H (hereinafter “H”) among the instant commercial buildings in which the designated type of business was a pharmacy, and operated a pharmacy from around December 24, 1998 with the trade name “J pharmacy.” On November 28, 2001, the Plaintiff purchased H from I and completed the registration of ownership transfer on January 4, 2002. (c) On March 7, 2003, the Plaintiff against the O who operated the “L pharmacy” in M and F, which operated the “N pharmacy” in the first floor K of the instant commercial buildings, as the court 2003Ra1649.

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