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(영문) 대법원 2015.01.29 2013다74462
영업금지
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In cases where there is an agreement on the restriction on the types of business under a commercial building sales contract, if there is no separate provision on the meaning of the type of business and the scope of business, the prior meaning of the type of business, the business contents of the business generally implemented, and the classification standards of the Korean Standard Industrial Classification Table shall be comprehensively determined, and it shall be determined in consideration of the size of the commercial building and the degree of market formation, the situation of the neighboring

(2) On January 20, 2003, the Plaintiff purchased 1,296,48,00 won from 10,000 to 1,296,40,000 won as an apartment-type E (hereinafter “116 store”) and purchased 1,296,48,00 won from 20,00 to 116,00 won, and the Plaintiff purchased 10,00,000 food and drink from 20,000 to 3,00,000 in its trade name, and then leased 116,00 from 20,000 to 10,00,000 to 10,000,000 won as food and beverage stores; and thereafter, the Plaintiff purchased 10,000,000 won as food and beverage stores from 10,000,000 won to 20,000 won as food and beverage stores.

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