(영문) 수원지방법원안양지원 2014.11.28 2014가합101526

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(영문) 수원지방법원안양지원 2014.11.28 2014가합101526

영업금지 등

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1. The defendant is engaged in restaurant business under subparagraph 105 of the D building located in Sinpo City C, or has a third party conduct restaurant business.

Reasons

1. Facts of recognition;

A. Newra Co., Ltd. (hereinafter “Newra”) newly constructed the instant building and divided its exclusive space into factory facilities and convenience facilities, and sold each of the stores of the instant building. At the time of selling each of the new stores, the new stores was designated for each of the relevant stores, and entered them in the column for the type of sales contract.

Article 6 of the contract for sale in lots is a designated type of business, so conversion to another type of business shall be treated with the consent of Shin's, since the contract for sale in lots was made at the time of the contract.

B. The Plaintiff’s store lease and restaurant operation Plaintiff, along with F on June 10, 203, leased the instant building 103-1, 2, and 3, with the name of “G”, and operated the restaurant business from H on April 18, 2005, and from H on April 19, 2005, 102-7, 9, 10, 11, 12, 13, and 14 of the instant building (hereinafter collectively referred to as “Plaintiff’s store”) respectively, leased the instant building from H on April 19, 2005, with the name of “G”, and the Plaintiff’s store was designated as the category of business as “G” after taking over the said store leased by the Plaintiff at the same time, and changed the name of “G” to “G” at the time of sale.

C. The Defendant’s store lease and restaurant operation 1) The instant building 105 (hereinafter “Defendant shop”) designated as a factory from the New Ra on September 7, 2001, Connitrok, Inc. (hereinafter “Defendant shop”).

(2) On January 20, 2005, K purchased the ownership by winning a successful bid at the Defendant shop in the auction procedure, and on December 24, 2013, K applied for the alteration of the use of the Defendant store to the Class II neighborhood living facilities in the factory by attaching a written consent for the alteration of the use of at least 80% of the sectional owners of the instant building at the time of Mapopopopool on December 24, 2013 as required. Ultimately, the Defendant received a report on the alteration of the use of the Defendant store and the approval for the use thereof. 2) The Defendant was on October 201

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