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1. The plaintiff's appeal is dismissed.
2. The Plaintiff’s claim for the payment of money against the Defendants extended by the trial.
Reasons
1. The court's explanation on this part of the basic facts is the same as the entry of "1. Basic Facts" among the grounds of the judgment of the court of first instance, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The Plaintiff asserted that, while selling each of the stores of the first floor of the instant building by Defendant B and Dong Branch, the Plaintiff sold the instant store by designating the store as a real estate brokerage business entity, and the Defendants violated this and let the store run or run a real estate brokerage business in the instant 105 shop, the Plaintiff asserted that the Defendants seek compensation for damages and prohibition of competitive business as stated in the purport of the claim against the Defendants.
B. (1) We examine whether there was a designation of the category of business that allows the instant store to exclusively operate the real estate brokerage business at the time of the instant sales contract.
(2) According to the overall purport of Gap evidence Nos. 2, 5, 6, 7, 10, 11, 16, 17, and 23 (including paper numbers) and the entire purport of pleadings, ① among the first floor stores of the building of this case, the sales contract for the remaining stores except for the stores of 112, 113, 104, 105, 106-2, and 109 and 114 of this case shall not be purchased and sold or leased as real estate type; ② Real estate type shall not be sold or leased as real estate type; ② The sales contract for the store of this case was additionally stated as rubber, writing, or printed separately from the main text printed with the same word printed, and ② The sales contract for the store of this case No. 1114 was prohibited from being sold or sold as convenience stores, and No. 15, No. 131 of the above real estate type No. 15, but it was prohibited from being sold as real estate type No. 10.