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(영문) 울산지방법원 2018.03.29 2017가합21875
지정업종 외 영업금지 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 7, 2008, Plaintiff B entered into a contract for the sale of machinery, tools, etc. with Defendant’s auxiliary intervenor (hereinafter “participating”) on the F Building 1056 stores (hereinafter “Plaintiffs stores”). Plaintiff A sells tools at the Plaintiffs’ stores while operating the tools.

B. On Nov. 7, 2008, Defendant C entered into a sales contract with the Intervenor on Defendant 1’s store, and set the desired type of business as “A” (such as machinery tools, tools, electric tools, electric tools, volts, V, seals, metal materials, metal metal materials, non-metallics, pipes, etc.). From that time, Defendant C is running a business of beeing sales in the name of G at Defendant 1’s store.

C. On May 26, 2009, Defendant D entered into a sales contract with the Intervenor on May 26, 2009, set the desired type of business as “A”, and around that time, Defendant D runs cement sales business with the name of H at Defendant 2’s store.

Multi-bank and neighborhood facilities 2nd floor, such as machinery tools, cut tools, electric tools, electric tools, Vs, seals, metal hardwares, non-metallics, pipes, etc., and multi-banks and neighborhood facilities 2nd floor, such as electric power, electronic measuring instruments, computers and peripheral devices, printing, office supplies, etc., tax, cafeterias, coffee shop, and third floor marries, warehouses, business facilities, rubber products, safety products, packaging, medicines, synthetic resin, construction and industrial materials, etc.

(d)A letter of confirmation of desired type of business attached to the contract for sale in lots shall be classified into categories of business on each floor as shown below:

E. On the other hand, the part relating to the restriction on the type of business in the sales contract concluded with the buyer for the F building stores is as follows.

Article 18 (Use of Price) (1) An intervenor shall sell a parcel in accordance with the contents of the sale plan (or sale advertisement) prepared within the scope of the contents of the approval of the project plan or building permit, and the buyer shall open the parcel for the purpose not violating the relevant laws and regulations.

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