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(영문) 대전지방법원 2016.11.11 2016가합101567
영업금지 등
Text

1. The defendant A:

(a) No pharmacy business shall be conducted in Sejong Special Self-Governing City, as defined in subparagraph 105 of Article B of the Building;

Reasons

Basic Facts

The Plaintiff, as the executor of Sejong Special Self-Governing City Special Self-Governing City B (hereinafter “instant commercial building”), concluded each sales contract (hereinafter “instant sales contract”) with Defendant Jinjin Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on July 16, 2014 and each of the instant commercial buildings (hereinafter “instant sales contract”) with Defendant Jinjin Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the sales contract (hereinafter “instant sales contract”).

Article 9 of the contract for the sale of this case is specified as follows in relation to the restriction on industry category.

In principle, the use of a store according to this sales contract shall be limited to the category of business subject to consultation, but if it is intended to change to another category of business, the defendant company must reach an agreement through consultation with the autonomous management committee after the formation of the autonomous management committee.

However, all liabilities incurred due to the change of business type are borne by the defendant company.

The unit plan of the commercial building in this case was written in the sales Kabrog (No. 2) but the details are as follows.

On June 27, 2014, the Plaintiff entered into a sales contract with the Plaintiff and C with the first floor of each floor, with respect to the first floor, exhibition, Ansan, pharmacy, brand, brand, mobile communication, mobile communication, stamp, financial institution, convenience store, and 2-4th and fourth-class Hague, Skinbine shop, icebine shop, franchise-specialized restaurant, fashion, financial institution 5-6th and upper-story, rehabilitation department, sex surgery, sex surgery, obsium, internal medicine and child, child and child, child and child, child and child, child and child, childbed, child and child, and child and child, and the Plaintiff entered into a sales contract with the Plaintiff on June 27, 2014, prior to entering into the sales contract in this case, the type of business in which the subject matter of the sales contract was indicated separately as “designated” in the “sale contract.

Defendant Company and Defendant.

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