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(영문) 수원지방법원 2016.06.21 2015가합5500
영업금지청구 및 매매대금반환
Text

1. Defendant (Appointed Party C) and the International Asset Trust Co., Ltd. are the third floor of the building in the Suwon-si Ethy Zone;

Reasons

1. Basic facts

A. The parties 1) The Plaintiff A is the Plaintiff’s building E in the Gansi-si District E (hereinafter “instant commercial building”).

) A store No. 110 and 111 of the first floor (hereinafter “one-story store”).

(2) The Defendant (Appointed Party; hereinafter “Defendant”) is the person who newly built the instant commercial building, and the International Asset Trust Co., Ltd. (hereinafter “Appointed International Asset Trust”) is the trustee who was entrusted by Defendant C with a store No. 304 of the third floor of the instant commercial building (hereinafter “304 store”).

As a pharmacist, F was a pharmacist, the name “H pharmacy” from July 1, 2015 to December 31, 2015, which was the name of “H pharmacy.”

B. On April 21, 2012, Defendant C sold the first floor store to Defendant D for KRW 643,388,200, and the down payment of KRW 100,000 is paid on the date of the contract, and the intermediate payment of KRW 243,38,200 is paid on May 4, 2012, and the remainder of KRW 300,000 is paid on June 20, 2012. The said sales contract (hereinafter “the first sales contract”).

(2) On September 3, 2012, the special agreement provides that “The instant commercial building shall maintain the exclusive right to the sales of 111 and 112 (the clerical error in the 110, 111, which is the first floor store) a pharmacy at the time of sale or lease.” Defendant C, D, once again on September 3, 2012, entered into a sales contract concerning the first floor store (hereinafter “second sales contract”). The said sales contract shall be the same as the first sales contract, the down payment, the intermediate payment, and the remainder, and the payment date shall be the same as the first sales contract; the down payment shall be the same as the first sales contract; the intermediate payment shall be made on September 3, 2012; the remainder shall be made on October 19, 2012; and the special agreement on the exclusive right to the pharmacy for the first floor store shall not be entered.

3. Defendant D shall be the Plaintiff on August 29, 2014.

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