The appeal is dismissed.

The costs of appeal are assessed against the Intervenor.

The grounds of appeal are examined.

The transfer of business under the Commercial Act refers to the transfer of human and material resources to a company organized for a certain business purpose, i.e., the transfer of the business as a whole while maintaining its identity, and whether the transfer of business has been made is not determined by what kind of business assets have been transferred, but by which the organization can function as a whole or an important part of the business organization by maintaining its existing business organization. Thus, even though the transfer of business facilities without reservation of a part of the business property has been made, it can be seen as a transfer of business if it is acknowledged in light of the social concept that the previous organization has been maintained even if the transfer of business facilities has been made with the reservation of a part of the business property, such transfer of business does not necessarily require an explicit contract between the parties to the transfer of business and can also

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the presumption of trust and good faith, and by misapprehending the legal principles on the presumption of trust and good faith, as otherwise alleged in the ground of appeal, the court below did not err by misapprehending the legal principles on the presumption of trust and good faith, as otherwise alleged in the ground of appeal. In so doing, it did not err by misapprehending the legal principles on the presumption of trust and good faith, as otherwise alleged in the ground of appeal.

(see Supreme Court Decision 2010Da35138, Sept. 30, 2010). According to the reasoning of the lower judgment, the lower court, based on its stated reasoning, transferred most of the first company’s business assets, such as the right to operate the instant car auction site, operated by the first company pursuant to each transfer agreement between the Co., Ltd. (hereinafter “First Company”) and the J (hereinafter “Second Company”) and the Defendant (Withdrawal), to the Defendant (Withdrawal) through the second company.