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(영문) 수원지방법원안양지원 2016.11.25 2014가합105726
영업금지 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Limited Liability Company (hereinafter “Execution Company”) is a corporation that is engaged in the real estate sale and purchase, lease, etc., and newly constructed and sold a Gu D (hereinafter “instant building”) during Gyeyang-gu.

B. The executor, while selling the units of the instant building, received the following written consent from the buyers:

1) List of Designated Types of Business: 102 units 1, 2 and 103 units of convenience, 2 and 103 units of real estate, 2 and 101, 102, 201 to 205 units of D units of support facilities, banks, 2.2) agree to designate the categories of business in the above units, and does not raise any objection thereto.

3) The number of houses which have not been designated as the category of business is not available for sale in the designated category of business. 4) No type of business other than the above designated category of business shall be guaranteed.

5) At the time of transfer and lease to a third party, the above-mentioned designated type of business shall be observed, and in connection with the occurrence of a trade dispute, all of the buyers shall be liable to the buyer, and the buyer shall not be held liable to the buyer for all civil and criminal responsibilities. E from May 27, 2010 to the buyer, from May 27, 2010, 1/202 above the building of this case (hereinafter referred to as “the premises of this case”).

purchase of shares in units under the same year after such purchase;

7.9. The Plaintiff (hereinafter “Plaintiff”) transferred the right to sell the instant cafeteria to the Plaintiff (hereinafter “Plaintiff”) (hereinafter “instant sales contract”) and the part relating to the designation of the type of business among the sales contract in this case, including the sales contract between the Plaintiff and E, and the acquisition of the right to sell the instant cafeteria between the Plaintiff and the Plaintiff, is as follows.

In selling support facilities in lots, the executor may designate a type of business for some heading rooms, and in the case of a heading contractor who has not been designated as a type of business, he/she may move into only the type of business except the designated type of business.

On March 22, 2011, the Plaintiff’s convenience store (1-102), coffee shop (1-104), real estate (2-103), and real estate (2-103), to the executor.

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