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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation of this case is as follows, except for the case's "b. judgment" part of the judgment of the court of first instance as stated in the corresponding part of the judgment of the court of first instance, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. B. The lease agreement of this case is concluded with the following special terms: “The C-building convenience store (part 104) shall be operated with the monopoly” (hereinafter “the instant special agreement”).
However, while the defendant operated convenience stores at the store of this case, the fact that E operated the sales store of office supplies as well as office supplies is recognized as above.
However, it is reasonable to view that the instant special agreement has confirmed or guaranteed that retail stores, such as tobacco, alcohol, lottery, fruit, and chip stores, which are considered to be a convenience store under social norms, do not exist except the store of this case in the building of this case. Thus, the aforementioned facts and all of the following circumstances recognized by comprehensively considering the overall purport of the arguments in each item of Nos. 5, 6, 7, and 11, the seller of the building of this case, who sells individual stores, has again designated the category of the store of this case as "convenition and main product monopoly" while purchasing the right to sell the store of this case, and the defendant again designated the category of the business as "convenition and main product monopoly" in the process of purchasing the right to sell the store of this case, while the building of this case operated by E was not designated as "the store of this case" in addition to the store of this case, and no designated category of business was designated as "the store of this case," and the building of this case was mainly sold in neighboring business units.