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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The defendant.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, Eul evidence No. 1, and Eul evidence No. 3-1:
On January 24, 2014, the Plaintiff entered into a contract between the Defendant and the fifth floor of the building located in the Dasan-si, under which the Defendant acquired the entire inside facilities and the house at KRW 60,000 for the premium (hereinafter “instant acquisition contract”).
Article 2 of the Agreement on Acquisition of the instant case provides that “All the matters impeding the exercise of the right to lease shall be removed and all the facilities shall be transferred to the transferee (the Plaintiff) so that the transferee (the Plaintiff) can use the said real estate immediately at the same time with the receipt of any balance.” Article 3 of the Agreement on Acquisition of the instant case provides that “The ownership of the profits accrued in relation to the previous real estate and the charges such as taxes and public charges shall be attributed to the transferor (the Defendant) and to the transferee
B. Under the instant acquisition contract, the Plaintiff paid the Defendant KRW 60,000,000 in total, and KRW 60,000,000,000,000 on January 27, 2014, pursuant to the instant acquisition contract, and entered into a lease agreement with the building owner on the instant place of business from January 27, 2014, and began to operate the instant place of business from January 27, 2014.
2. Determination:
A. The nature of the transfer contract of this case under the Commercial Act refers to the transfer of human and physical organization as a whole, which is organized for a certain business purpose, to the whole, while maintaining its identity. Whether the transfer of business was made or not must be able to function as a whole or an important part of the existing business organization.
(see, e.g., Supreme Court Decision 2002Da23826, May 30, 2003). With respect to the transfer of the instant business site, the Defendant is the Plaintiff’s premium from the Plaintiff until January 27, 2014.