1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. On December 5, 2013, the Plaintiff acquired by transfer the general restaurant business of “E” located in Gyeonggi-gu D (hereinafter “E”) and received the transfer of the name of the representative with respect to the business report.

B. On April 20, 2014, the Plaintiff F (hereinafter collectively referred to as “Plaintiffs”) concluded a lease agreement on the instant restaurant building with the Defendant and the instant restaurant building (hereinafter “instant restaurant building lease agreement”).

At the time of the conclusion of the above lease agreement, F agreed to prepare and deliver all documents related to the succession to the name of the business operator upon the termination of the lease agreement, instead of delivering documents necessary for the succession to the name of the business operator with respect to the report of the restaurant business of this case to the defendant and active cooperation.

C. Around April 20, 2014, the date when the instant restaurant building lease contract was concluded, F entered into a lease agreement with the Defendant on the instant restaurant building, and on the penture located near the instant restaurant building (hereinafter “instant pention”).

The Plaintiff issued documents necessary for changing the name of the representative concerning the report of the restaurant business of this case to the Defendant around the date of concluding the instant restaurant building lease agreement.

Around that time, the defendant prepared a letter of transfer and takeover (Evidence 3) stating that the defendant transfers all the business rights of the restaurant of this case to the plaintiff, ② the successor, the defendant, the successor, the report of succession to the status of the food businessman (Evidence 4), ③ the delegation of the defendant's name (Evidence 5), ④ the defendant's resident registration certificate (Evidence 6).

E. The Defendant completed the procedure to change the name of the representative of the instant restaurant business report to the Defendant on May 28, 2014, and mutually trade name.