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(영문) 인천지방법원 2017.06.23 2016가합59705
영업금지청구등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. D newly built and sold “F”, which is a neighborhood living facility (hereinafter “instant commercial building”), on the land of 1,774 square meters in Nam-gu, Incheon Metropolitan City.

B. On November 18, 2013, the Plaintiff purchased 402 of the instant commercial buildings from D (hereinafter “Plaintiff shop”) in the amount of KRW 484,271,500, and acquired the Plaintiff’s ownership on May 29, 2014.

C. On May 17, 2014, D entered into a lease agreement that leases the Plaintiff’s store to Defendant B with the Plaintiff’s consent to KRW 50 million, monthly rent of KRW 3 million.

In this lease agreement, the Plaintiff leased the lease to Defendant B without compensation until August 31, 2014, and the term of the lease is from June 1, 2014 to May 31, 2016, but it includes the content that, if there is no cause attributable to the Defendant, the business rights shall be renewed every two years and the upper limit of the rent increase shall not exceed 10% upon renewal.

Since then, Defendant B opened and operated dental services with the name of “G dental department” at the Plaintiff’s store, and there was a dispute between Plaintiff B and the Plaintiff due to the renewal of the contract and the increase of rent on April 2016, which was prior to the termination of the lease contract.

E. Defendant C’s spouse purchased 304 of the instant shopping mall from D on February 14, 2015 (the same as the real estate stated in paragraph (1) of the attached Table) in KRW 328,197,774, and KRW 562,793,005 (the same as the real estate stated in paragraph (2) of the attached Table) of the instant shopping mall in KRW 305 (hereinafter in this case, collectively referred to as “Defendant shop”) and completed the registration of ownership transfer on March 25, 2015.

F. Around June 2016, Defendant B notified the Plaintiff on October 15, 2016 that “the Plaintiff will order the Plaintiff’s store” to move the Plaintiff’s dental license at the Plaintiff store to the Defendant store, and completed restoration works for the Plaintiff’s store to its original state.

After that, Defendant B changed his trade name from the Defendant shop to “H department” and operated dental services until now.

(g) D. D. D.

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