1. The defendant is engaged in the business of selling coffees and beera in Guro-gu Seoul Metropolitan Government 11th floor of the 1st floor of the C building.

1. Basic facts

A. The Plaintiff is a sectional owner of Guro-gu Seoul Metropolitan Government Building C (hereinafter “instant building”) 114 (hereinafter “instant 114”). The Defendant is a sectional owner of the first floor of the instant building 111 (hereinafter “instant 111”).

B. The instant building was built as an apartment-type factory of the 20th above the ground level, and the part from the 1st to the 2nd above ground level was built as a supporting facility of the factory occupying the 3th above ground level.

C. On October 10, 2011, the Plaintiff leased No. 114 to D Co., Ltd. (hereinafter “D”) and operated a coffee specialty with the trade name “F” from around December 201, 201 to the present date.

Meanwhile, from August 2015 to August 111, 2015, the Defendant operates coffee and beera store with the trade name “G” in the instant case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 10, 15 (including each number, hereinafter the same shall apply), Eul evidence Nos. 2 and 3, or the purport of the whole pleadings, unless otherwise specified.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was designated and sold as the category of “cata” in the time of sale, and the instant 111 was designated and sold as the category of “support facilities and sata” at the time of sale.

If the sales of a commercial building, such as the instant building, was limited to the category of business at the time of the sale of the commercial building, the owner of the said store is unable to engage in the business in violation of the designated type of business, barring any special circumstances. The Defendant runs a business other than the designated type of business, in particular, a business of the Plaintiff’s designated type of business.

Accordingly, since the right to operate a store owned by the plaintiff is infringed, the defendant runs the business of selling coffee and beer, or runs the business of selling coffee and beer.