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(영문) 수원지방법원 2017.04.28 2015가합71699
영업행위금지
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) Plaintiff A is a party’s status, etc.) Plaintiff E, F, G, and H (hereinafter “project owner”).

(A) from the building of this case, I (hereinafter referred to as the “instant building”).

) 106 stores No. 106 of the first floor (hereinafter “store No. 106”).

(2) The Defendant C is the owner of the real estate indicated in the separate sheet (hereinafter “store No. 105”) and the Defendant D is a person who leases the store No. 105 and engages in the pharmacy business under the trade name “K pharmacy”.

The store No. 105 was sold from the owner on November 24, 2004, and the ownership was transferred to M on December 29, 2005, and the ownership was transferred to the defendant C on December 9, 2014.

B. The main contents of the contract for the sale of commercial buildings signed by Plaintiff A on February 3, 2005 with the owner are as follows.

(hereinafter referred to as “instant sales contract”). Article 1 (Contract Price) (2) Article 6 (Matters concerning the management and business of stores) shall not be arbitrarily opened by the buyer except for the types of business specified in this contract.

Provided, That where it is intended to change due to unavoidable circumstances after entering and leaving, the written consent of the seller and permission under the relevant statutes shall be obtained in advance.

(3) Where a purchaser violates the above paragraph (2) without the seller's written consent, the seller may cancel the sales contract immediately on the grounds that it is deemed as material breach of contract.

[Matters of special agreement] The alteration of use shall be accepted by the buyer after consultation with the seller and the buyer.

Until February 16, 2005, the lease contract is not concluded until February 16, 2005 (the monthly rent of KRW 7,000,000) shall be cancelled by both parties.

A pharmacy lessee shall pay the third intermediate payment and loans when the rental deposit is fully paid.

When the lease contract is terminated, the sale contract is also.

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