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(영문) 대구지방법원 2018.07.26 2017가합1923
동종업종 영업금지
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Article 110 of the 1st floor E-building B, C, and D ground E-building (hereinafter “E building”) was first sold in lots by F and G. On June 5, 2008, the Plaintiff acquired the status of buyer of the above E-building 110 from F and G around June 5, 2008, the Plaintiff acquired the status of buyer of the above E-building 110 from the above F and G, and completed the registration of ownership transfer under its name on December 30, 201 with the Daegu District Court No. 61214, Dec. 30, 201, from April 21, 201, the Plaintiff was the representative of the E-building 110, who was engaged in the installment financing business on March 31, 201, and was engaged in the E-building 1310,000 won and below 50,000 won and below 13131,1310,000 won.

C. At the time of the first sale of the E Building 110 and 113, the following special terms and conditions (hereinafter “instant special terms and conditions”) were attached to the E Automobile Sales Contract and the neighboring shop supply contract (hereinafter “sale contract”).

Matters of special agreement

1. Each buyer agrees to exclusively use the parking lot location for display in the part of the common use area according to the characteristics of the business of the buyer for convenience, such as the indication of the location of the space for display of motor vehicles indicated in the annexed drawing;

2. I agree with the fact that "in addition to used cars, registration and agency business, etc. which are the object of a motor vehicle trader sold in lots, five stores of the first floor and the second floor neighborhood living facilities are not invited in the same registered business type as that of the second floor neighborhood living facilities."

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, 6, 11, 12, 14 evidence (including branch numbers; hereinafter the same shall apply), Eul 1 evidence, and the purport of the whole pleadings

2. On the Plaintiff’s assertion

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