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(영문) 수원지방법원성남지원 2014.08.22 2013가단23821
집행문 부여에 대한 이의
Text

1. The defendant's decision on the provisional disposition case against the plaintiff, such as Suwon District Court Branch 2012Kahap629 business prohibition against the plaintiff.

Reasons

1. Basic facts

A. Around December 2006, the P&D Ballast Co., Ltd. (hereinafter “P&D”) newly built an apartment-type factory complex (hereinafter “instant factory complex”) comprised of four Dongs, including the business center ( underground fourth and fourth floors), the main center (ground second and fourth floors), the center (ground second and fifth floors), the center (ground second and fourth floors), and the KON Center ( underground fourth and fourth floors), on the ground level.

B. On December 15, 2004, F sold a store to the buyer of the instant factory complex by setting a type of business for each store, and on December 15, 2004, F purchased the two-story 209 (hereinafter “Defendant shop”) above the main center, the main center, and the two-story 209 (hereinafter “Defendant shop”). The Defendant purchased 1/2 shares from F on April 13, 201 from the Defendant shop and completed the registration of ownership transfer, and thereafter, he operated the cafeteria at the said shop until now.

C. Of the instant factory complex, the Plaintiff operated a restaurant with the name of “H” by leasing the 103th floor of the KONEX-dong (hereinafter “instant store”) from G, the owner of the instant plant complex, and operated a restaurant by selling food tickets until January 2013, and selling food tickets to customers in accordance with the Qua New, which was determined by using the food table, and by having customers take food and drink, and by having customers take food.

On October 31, 2012, the Defendant filed an application for provisional disposition of prohibition of business, etc. with the Suwon District Court Branch Branch 2012Kahap629, asserting that the Plaintiff’s operation of the restaurant by means of selling a food ticket at the instant store and forming a mer New Airport using the meal table was in violation of the Defendant’s business interests with the designated type of business as a cafeteria, and the said court partially accepted the Defendant’s application on January 18, 2013, and rendered a provisional disposition order with the following contents (hereinafter “instant provisional disposition order”).

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