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(영문) 전주지방법원 2018.09.05 2017가합4330
영업금지 등
Text

1. The Defendants are prohibited from engaging in the supermarket business on the first floor E of the Kugu-gu Seoul Metropolitan City D Apartment-gu Seoul Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the underground floor No. 6 of the Kujin-gu Seoul Metropolitan City D Apartment Complex Building (hereinafter “instant shopping mall”), is running a supermarket business under the trade name of “Gmaart (hereinafter “Gmaart”) at the said place.”

B. From November 18, 1995, the first floor E (hereinafter “instant store”) of the instant shopping mall No. 1 (hereinafter “instant store”) had been running banking business from around November 18, 1995, the Defendant Limited Company B (hereinafter “Defendant Company”) purchased the instant store through the online public auction system, and completed the registration of ownership transfer on the same day.

The Defendant Company leased the instant store to Defendant C, and Defendant C runs the online market business from July 19, 2017 to the name of “Jmaart (K stores; hereinafter “Jmaart”)” at the instant store.

Defendant C was registered as a director of the Defendant Company from the time of incorporation of the Defendant Company until February 22, 2016.

C. On October 1995, L Co., Ltd. (hereinafter “L”) newly constructed and sold the instant commercial building, and published the sales notice stating “11. significant matters 5) type of business should be invited as a business-level recommended type of business.” In the drawing of the instant commercial building, the first floor E, the store of this case, shall be indicated as “bank” and “the first floor M of the underground floor where G Mart is located,” and the recommended type of business was indicated as follows. L entered into with the number of buyers of the instant commercial building (hereinafter “instant contract”). L, the store sales contract entered into with the number of buyers of the instant commercial building (hereinafter “instant contract”).

The use of the store was stated in the indication part of the object, and its main contents are as follows:

1. He/she shall open a store for the purposes specified in this contract;

Article 4 (Change of Purpose)

1.The Building Act and the Building Act, if the purpose of this Agreement is to be modified after the date of designation of the saleroom occupants of B.

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