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(영문) 대전지방법원 2019.01.09 2018가합102106
영업금지 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

D Around 191, D Co., Ltd and E Co., Ltd. constructed and sold real estate listed in the separate sheet (hereinafter “instant commercial building”) and designated and publicly announced the location, size, and types of business that can be performed at each shop in the commercial building. In concluding the sales contract on the commercial building of this case, they agreed that the use of the store is limited to the designated type of business at the time of the public announcement of sale.

On June 12, 1993, the Plaintiff acquired the status of the buyer for the instant shopping mall No. G at the time of the sale announcement from F, and completed the registration of ownership transfer on August 13, 1993, by acquiring the status of the buyer for the instant shopping mall No. G.

At the time of the public announcement of sale, the Defendant leased the above subparagraph C from H, the owner of the 1st floor C of the instant commercial building, designated as “kindo”, and operates the static point.

The parts related to the instant case, among the rules and business regulations of the I World Trade Association organized for the operation of the instant commercial building (hereinafter collectively referred to as the “instant rules”), are as follows:

[At the time of the enactment of the above rules and business regulations, the owners or occupants of the rest of the store except for No. 1st floor J (one of the owners or occupants of each shop) (one of the owners or occupants of each shop) consented to the enactment of the rules) - Article 4 (Membership and Qualification)

1. The member of the prosperity shall, within the scope of the I award, establish a prescribed membership procedure as an individual or legal entity that owns or rents a store in the main shop.

2. The qualification for membership shall be one of the married couple of a businessman in business registration in the case of an individual; and

3. In case of a corporation, a representative director or a person designated by the representative director shall be qualified.

4.A member who closes his/her business in this commercial building shall be automatically expelled.

Article 10 (Resolution) Resolutions passed with the consent of a majority of all incumbent members and the consent of a majority of participating members, and the amendments to the Regulations and the enactment of internal regulations are those of a majority of all incumbent members.

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