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(영문) 인천지방법원부천지원 2019.09.25 2018가합105407
영업금지 청구의 소
Text

1. The defendant shall not run real estate brokerage business in the commercial buildings listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of D apartment shop (hereinafter “instant shopping mall”) E (hereinafter “instant shopping mall E”) located in Kimpo-si, Kimpo-si, and operates a real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office” at all times.

B. On November 6, 2018, the Defendant leased a commercial building listed in the separate sheet (hereinafter “instant commercial building H”) from G and operated the real estate brokerage business under the trade name “I Licensed Real Estate Agent Office” from around that time to around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant shopping mall E was limited to “real estate brokerage business” at the time of sale and sold in lots. The instant shopping mall H was limited to “video specialty store” and sold in lots.

In the event that a commercial building is sold in lots as at the time of the sale of the commercial building, the owner or lessee of the store can not engage in the business in violation of the restriction on the type of business, except in extenuating circumstances. The defendant runs the real estate brokerage business, which is the designated type of business other than the designated type of business.

Since the plaintiff's business profit is infringed, the defendant should not engage in real estate brokerage business in the commercial building H of this case.

B. The Defendant’s assertion 1) The agreement that limits the type of business is excessively infringing on the freedom of occupation under the Constitution, and is contrary to the principle of equality, the principle of good faith, and the principle of good faith, and thus null and void as it constitutes unfair trade. 2) Even if the sales contract of the instant commercial building H is restricted, it is merely an agreement between the seller and the first buyer, and the Defendant’s lease of the instant commercial building H H in the absence of knowledge that the business type operated in the instant commercial building is restricted.

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