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(영문) 대전지방법원 2014.01.16 2013가합5255
영업금지청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Korea Investment Trust Co., Ltd. (hereinafter “Korea Investment Trust”) newly built the instant commercial building as a contractor by the owner, executor, and Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”).

B. 1) On June 28, 2011, the Plaintiff: (a) sold 208 units of the instant commercial building from the Korea Investment Trust and operated a bank business; (b) on January 13, 2012, the Plaintiff purchased 105 units of 105 units of the instant commercial building to be used as a bank’s 365-day width; (c) on June 28, 2011, C purchased 110 units, D, E (hereinafter “D, etc.”) 204, 205, and 206 units of 110 units of the instant commercial building; and (d) the Defendant leased 204, 205 units of 206 units from C on October 12, 2011, from D around April 2012 to around 204, 205, and 206 units of the said store to be used as a bank’s business.

(hereinafter referred to as “Plaintiff’s sales contract,” “C’s sales contract,” and “D, etc. sales contract.”

Korean investment trust entrusted the sales business of the instant commercial building to Panan Construction, and New Eando Co., Ltd. (hereinafter “New Eando”) vicariously performed the sales business of Pungan Construction. The sales guide of the instant commercial building was indicated as follows.

The first floor shop, including brand coffee shop, coffee shop, beer, scacker, restaurant, scambling store, scambling shop, fashion shop, mobile antenna, character and panty, pharmacy, pharmacy, real estate 365 days, 3rd floor bank, securities company, insurance company, travel company, travel agency, letotos, Barar, and minant, etc. of the second floor, such as the 1st floor, including underground mat and Pdcot, etc. for commercial use in the shopping mall, and the third floor of the shopping mall, such as a 4-story club, such as cattle, dental department, internal department, internal department, internal department, internal department, prevention, imposition, children's play room, English private teaching institute, optopy institute, fishbbbbb, indoor driving driving range, postnatal training center, Taekwondo scamb, etc.,

D. Meanwhile, prior to entering into a sales contract, the Plaintiff’s heading 101 and 102 of the instant commercial building on May 20, 201.

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