1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

On January 13, 2004, the Defendant acquired the permission for the automobile management business (sale business) from K, and leased part of D large 1,080 square meters (hereinafter “instant land”) and the building on its ground in Nam-si, Nam-si, Namyang-si, and carried out the business of selling used cars with the trade name “E” at this place.

On July 31, 2013, the Plaintiff entered into a contract for the transfer and acquisition of automobile management business with the Defendant to take over all the facilities and equipment of the place of business and a contract for the payment of KRW 60,000,000 to the premium accrued therefrom (hereinafter “the premium contract in this case”). On the same day, the Plaintiff obtained consent to use part of the instant land and buildings on the same day from C.

The Plaintiff paid 60,000,000 won as premium to the Defendant, and completed the registration of modification to the trade name “F” on August 1, 2013, and thereafter is running a used car sales business in the same place as the Defendant from that time to that day.

H is the owner of G land adjacent to the instant land (hereinafter referred to as “instant adjacent land”), and around September 2014, H installed pents in the part out of the adjoining land of this case, out of which the instant adjacent land and the road, protruding out (the point part of the attached drawing; hereinafter referred to as “the boundary part of this case”).

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2-1 through 3, and fact-finding with regard to the head of office of the branch office of the court of the court of the first instance, the court of the first instance, as a result of the fact-finding with regard to the head of the office of the branch office of the branch office of the Namyang-si, Yangyang-si, the plaintiff's non-performance of the defendant's duty of disclosure of the whole purport of the argument was in conflict for a long time between C and H, the owner of the land of this case and the owner of the adjoining land of this case, and H installed pents on the boundary of this case,

In concluding the premium contract of this case, the defendant is as above to the plaintiff.