1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The decision of the court of first instance is in accordance with paragraph (2).

1. Basic facts

A. After newly constructing a commercial building on the land outside Seongdong-gu Seoul, Seongdong-gu, and four parcels (hereinafter “instant commercial building”), the redevelopment G redevelopment redevelopment association (hereinafter “the instant association”). On January 9, 191, the instant commercial building was divided into stores and completed each registration of preservation of ownership around January 9, 191.

B. On October 19, 2007, the Plaintiff completed the registration of ownership transfer with respect to 103 commercial buildings of this case. Defendant B and C completed the registration of ownership transfer with respect to 102 commercial buildings of this case on October 25, 2010. Defendant D leased Defendant B and C around July 2015 to operate the real estate brokerage office until the date of closing the pleadings of this case.

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

2. The parties' assertion

A. The Defendants are running real estate brokerage business in violation of the Agreement on the Restrictions on Business Category of the Commercial Building in this case.

As a result, the Plaintiff, who is the owner of 103 commercial buildings in this case, is likely to infringe on the business interest, so the Defendant shall not engage in the real estate brokerage business in 102 commercial buildings in this case.

B. The Defendants did not conclude a sales contract with the content that designates the type of business or prohibit or restrict the saleroom occupants of the same type of business, and even if there was an agreement with the restriction on the type of business at the time of the sale of the instant commercial building, the L and thereafter the transferee purchased from Korea Co., Ltd., Ltd., the buyer of the instant commercial building 102, did not agree to accept the duty of restriction on the type of business.

3. Determination

A. Where a construction company which determines the existence of a right of prohibition of business constructs and sells a commercial building for each shop, the buyer of the shop or the transferee of the position of the buyer of the shop or the lessee of the shop, unless there are special circumstances.