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(영문) 서울고등법원 2015.11.26 2015나2021347
경업의무 부존재확인 등 청구의 소
Text

1. In accordance with the expansion of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

The plaintiff's claim.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C commercial building in Seo-gu Incheon Metropolitan City (hereinafter “instant commercial building”) 105, and operates the instant commercial building 105 with the trade name “E”, and the Defendant from August 2008 to August 2008 operated the instant commercial building with the trade name “F laundry” as “E laundry.”

B. However, around 197, at the time of the first sale of the instant commercial building, 105 of the commercial building was designated and sold as “agricultural products” and the commercial building 204 of this case was designated and sold as “laundry site” and Article 6 of the sales contract states that “the buyer shall operate his business for the purpose of facility”.

C. Meanwhile, the management regulations of the shopping mall conference (hereinafter “instant management regulations”) of the instant shopping mall have the following provisions.

Article 2 (Adjustment of Terms) The definitions of terms used in this Code shall be as follows:

1. The term "occupant" means the owner of sectional ownership and the person who runs a business in the commercial building leased by the owner;

Article 6 (Effect of the Code) This Code shall also apply to any person who succeeds to the status of the occupant.

Article 8 (Rights, etc. in Braille, etc.)

1.The occupant shall have the following rights:

(e) allow multiple types of business to protect the property rights of store owners, to efficiently manage them, and to prevent disputes;

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1 through 5, 10, 11 (including branch numbers), the purport of the whole pleadings

2. The management regulation of the Plaintiff’s assertion is null and void because it does not meet the quorum, and there are many cases of running the same type of business in the instant commercial building, and the restriction on the use of facilities at the time of sale of the instant commercial building is null and void since Article 8 subparag. 1(e) of the management regulation of the instant case and Article

Therefore, the instant management regulation or the instant commercial building by the Defendant to the Plaintiff.

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