logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.01.12 2016가합110459
영업금지 청구의 소
Text

1. Defendant (Counterclaim Plaintiff) C has a third party, 1017 Dong 102, Dong 102, Dong 102.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. From October 1999, the F Housing Association (hereinafter “instant association”) sold a commercial building located on the first floor and second floor of 1016 underground floors and 1017 above ground level (hereinafter “instant commercial building”). Of them, 1017 Dong 104 (hereinafter “104 store”) was sold by G on August 18, 200 and completed the registration of ownership transfer on May 10, 201, and 107 Dong 102 (hereinafter “102 store”) completed the registration of ownership transfer on September 16, 200 and October 31, 200.

B. The Plaintiffs purchased a pre-sale store on September 1, 2013 and completed the registration of ownership transfer on October 1, 2003, respectively, at the said store, and thereafter, operate a real estate brokerage establishment.

C. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) purchased a pre-sale store on August 13, 201, and completed the registration of ownership transfer on September 23, 201. Around June 2016, Defendant D leased the pre-sale store to Defendant D, and Defendant D operated a real estate brokerage office at the said store from July 2016.

[Ground of recognition] Facts without dispute, Gap 1, 13 evidence, Eul 3 and 6 evidence (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of this Court

A. 1) The parties’ assertion 1) The Plaintiffs’ assertion was made from the time of selling the instant commercial building in lots, or on November 15, 2000, the shopping district autonomy management committee (hereinafter “the shopping district autonomy committee”).

At the time of the general meeting of shareholders, the agreement by type of business was prepared, through a letter of commitment and a list of project performance persons, etc., 104 stores are “real estate brokerage business,” and 102 stores were designated as “a business,” and each type of business was thereafter assigned to the Plaintiffs and Defendant C respectively.

Therefore, although the original defendants are obliged to observe the above designated type of business, the defendant D leases the 102 store from the defendant C to the real estate brokerage office.

arrow