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(영문) 수원지방법원안양지원 2013.07.05 2013가합100540
영업금지등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On July 19, 2010, the Plaintiff was sold in lots the instant 117th floor of the commercial building (hereinafter “17”). Defendant B leased the said store on November 15, 201 from J, the buyer of the first floor of the commercial building (hereinafter “132”), and used the trade name “G” at the said store, and sold manual hambber, sand site, coffee products, etc.

C. Defendant C leased the above store on July 24, 2012 from H, the buyer of the first floor of the instant commercial building (hereinafter “138”), which was the buyer of the instant commercial building, and on July 24, 2012, Defendant C used the trade name of “I” and sold hambur, kin, coffee products, etc. at the said store.

The buyers of the store in the commercial building, including the Plaintiff and J and H, agreed to the restriction on the type of business in the store in the commercial building of this case in a manner of signing on the “written undertaking of supporting establishment type of business” (hereinafter “written undertaking”). The main contents of the instant undertaking are as follows: (a) the agreement on the restriction on type of business under the instant undertaking (hereinafter “instant agreement on the restriction on type of business”).

The purpose is to prevent excessive overlap of the types of support facilities, to revitalize support facilities, to designate some types of rooms at the level of improvement of residents' convenience, and to protect the types of each subparagraph of support facilities.

The "B" (referring to the buyer; hereinafter the same shall apply) promises to comply with the designation of a separate lot, the type of business and the details specified therein as the buyer of the commercial building in this case.

1. No business activities falling under the recommended type of business, other than the designated type of business, shall be carried out absolutely;

3. “B” shall comply with this undertaking even at the time of transfer and lease to a third party (in the case of lease to a third party).

Separate Matters: 117 category of business to be designated as a type of business, a room for designation of a type of business and a category of business to be designated: 132 category of business recommended by teca-cacos (sat omitted):

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