1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The defendant's appeal is dismissed.

3...

1. Basic facts

A. From September 2009, the Defendant operated a singing practice room (hereinafter “singing practice room”) with the trade name “C” from the second floor of the building indicated in the attached list No. 1 (hereinafter “instant building”) on the second floor of the building (hereinafter “C”). On April 10, 2017, the Defendant, upon introduction of N, transferred the Plaintiff’s human and physical facilities and business of the singing practice room at KRW 130 million.

(hereinafter “instant transfer contract”). (b)

The Plaintiff, according to the instant transfer contract, remitted the amount of KRW 10 million on April 10, 2017, which is the date of the contract, and KRW 120 million on April 19, 2017, to the Defendant, respectively.

C. On April 19, 2017, the Plaintiff entered into a lease agreement between the ownerO of the instant building with a deposit of KRW 30 million, monthly rent of KRW 3.5 million, and the lease period of KRW 3.5 million from April 19, 2017 to April 18, 2019. In this context, the written lease agreement states that “The lessee will surrender the building regardless of the term of the contract, and does not raise any civil or criminal objection thereto”.

On May 1, 2017, after completing business registration under the Plaintiff’s name, the Plaintiff operated a singing practice room business. On October 20, 2017, the Plaintiff closed the singing practice room business.

E. On April 10, 2017, the Defendant: (a) decided to take over the second singing practice room business from G that operated a singing practice room business (hereinafter “the second singing practice room business”); (b) transferred the remainder of KRW 16 million to G as down payment; and (c) transferred the remainder of KRW 129 million to G on May 10, 2017, to the deposit account in the name of P designated by G on May 10, 2017, with the Defendant’s KRW 99 million, and the Defendant’s partner KRW 30 million.

F. On May 10, 2017, the Defendant concluded a lease agreement between the owner Q and the owner of a singing practice room building on May 10, 2017, setting the deposit amount of KRW 20 million, monthly rent of KRW 2,420,00, and the lease period of KRW 10,000, from May 19, 2017 to May 18, 2019.