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(영문) 수원지방법원안양지원 2013.07.05 2013가합100533
영업금지등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. G acquired the right to sell the said store from H on November 23, 2010, the buyer of the first floor of the instant commercial building (hereinafter “133”) and purchased the said store by acquiring the right to sell the said store, and the Plaintiff leased the said store from G on June 7, 2012.

B. Defendant B leased the said store on November 15, 201 from I, the buyer of the first floor of the instant commercial building (hereinafter “132”), and used the trade name “J” at the said store, and sells hambur, sandd location, coffee products, etc.

C. Defendant C leased the said store from K on July 24, 2012, which is the buyer of the first floor of the instant commercial building (hereinafter “138”), and used the trade name “L” at the said store, and sells hambs, kins, coffee products, etc.

The buyers of the store in the commercial building, including G and I and K, agreed to the restriction on the types of business in the store in the commercial building of this case in a manner of signing on the “written undertaking of supporting establishment business type” (hereinafter “written undertaking”). The main contents of the instant undertaking are as follows: (a) the agreement on the restriction on the types of business under the instant undertaking on the restriction on the types of business (hereinafter “instant agreement on the restriction on the types of business”).

The purpose is to prevent excessive overlap of the types of support facilities, to revitalize support facilities, to designate some types of rooms at the level of improvement of residents' convenience, and to protect the types of each subparagraph of support facilities.

The "B" (referring to the buyer; hereinafter the same shall apply) promises to comply with the designation of a separate lot, the type of business and the details specified therein as the buyer of the commercial building in this case.

1. No business activities falling under the recommended type of business, other than the designated type of business, shall be carried out absolutely;

3."B" means this undertaking even at the time of transfer and lease to a third party (in the case of lease to a third party).

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