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(영문) 수원지방법원 2015.07.09 2014나41343
집행문부여에대한 이의의 소
Text

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 a H factory complex (hereinafter “instant factory complex”) comprised of four Dongs, including D Center (Ground 4, ground 14), E Center (ground 2, ground 15), F Center (ground 2, ground 15), G Center (Ground 4, ground 4, and ground 4).

B. On December 15, 2004, the E Center-dong 209 (hereinafter “Defendant store”) among the instant factory complex was sold to the buyers of the instant factory complex by setting the types of business by each store, and I sold the store to the buyers of the instant factory complex. On April 13, 2011, the Defendant purchased 1/2 shares among the Defendant store from I on April 13, 201, and completed the registration of ownership transfer, and thereafter, he operated the cafeteria at the said store until then.

C. Of the instant factory complex, J, the owner of G Center No. 103 (hereinafter “instant store”), operated a restaurant with the trade name “K” at the instant store, and operated a business by selling food tickets until January 2013, in accordance with the camera Newcom, which was determined by using the food table, and causing customers to be able to be able to receive meals.

On October 31, 2012, the Defendant filed an application for provisional disposition of prohibition of business, etc. with the Suwon District Court Branch 2012Kahap629 against J and the Plaintiff, etc. for provisional disposition by asserting that the Defendant’s operation of the restaurant in the manner of selling a food ticket at the instant store and forming a mer New Airport using the meal table was in violation of the Defendant’s business interests by designating the type of business as an internal restaurant, 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 “the instant provisional disposition order”).

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