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(영문) 서울고등법원 2020.02.12 2019나2027619
영업금지 등 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

(c). c.

subsection (1) shall be written in the following manner:

“The supply of E and current status 1) M (M) entered into a contract with G on November 26, 2007 to be supplied with G on November 26, 2007, and completed the registration of ownership transfer for E on November 30, 2007. In this regard, the parts related to this case in the supply contract prepared are as follows:

(A) Article 1 (Supply Price and Payment Method) (1) (A) of the Seoul Special Metropolitan City Nowon-gu D Building Sales Facilities (hereinafter referred to as “A”) (“B” shall supply the above indicated property by the following methods, and “B” shall pay the corresponding amount to the designated account as provided for in paragraph (2) of this Article within the payment period.

(Interim omitted)* Terms and Conditions of 52,500,000 won for lease deposit previously leased, Article 5 (Business Types) ① “A” or “the case of a store where “A” or “B” has designated and publicly announced the type of business,” must operate the store business accordingly.

Provided, That in the case of changing "before the saleroom occupants to another type of business", the saleroom occupants may be changed with the consent of "A" or "the person provided with other types of business within the extent that it does not overlap with other types of business and does not interfere with the harmony and king of the entire commercial building structure."

(2) No “B” may raise an objection against “A” or “B” on the ground that a similar type of business in a commercial building exists.

(3) Where “B” intends to change the category of business after shop occupants, the regulations on the self-governing management of commercial buildings shall apply.

Article 15 (Matters of Special Agreement) (1) The obligation of “A” under this Agreement shall be limited to the formal ownership management of real estate trusted and the liability for transfer of ownership when the sale price of real estate in full is paid.

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