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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 first instance court.
Reasons
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance (Evidence No. 15, 16, and Evidence No. 12-1, No. 12-2) is examined together with the evidence submitted in the court of first instance, the fact-finding and the judgment of the court of first instance are deemed legitimate.
Therefore, the court's explanation on this case is as follows: (a) the "Pre-Contract for Inheritance" in Section 17 of the judgment of the court of first instance shall be deemed as the "Pre-Contract for Gift" in Section 2; (b) the "Pre-Contract 3" in Section 9 of the judgment of the court of first instance shall be deemed as the "Pre-Contract for Gift"; and (c) the part concerning the Preliminary Claim in Section 9 of the judgment of the court of first instance shall be deemed as the "Pre-Preliminary Claim in Section 2"; and (c) the plaintiff's assertion that the plaintiff is newly
2. Additional determination
A. Although the Plaintiff’s reservation on the instant donation was concluded on September 11, 2012, the Defendant returned share certificates of 787,990 shares which are the object of the said promise on April 23, 2013 to the Plaintiff, thereby cancelling the agreement between the Plaintiff and the Defendant. As such, the Defendant is obligated to return the transfer shares of this case sought by the Plaintiff out of the shares subject to the said promise on donation.
B. The Defendant, on April 23, 2013, entered 672,990 share certificates of 672,990 shares out of the shares in the instant gift subscription into the instant securities account under the Plaintiff’s name as seen earlier, but on the other hand, the Defendant obtained the Plaintiff’s share certificates of 787,990 shares of the non-party company, the object of the instant gift subscription, from the Plaintiff on October 2012, and occupied it. The Defendant, on April 23, 2013, issued NN on April 23, 2013 to have the Plaintiff receive and use the dividends of the non-party company, and entered 672,990 share certificates of 78,990 shares in the instant securities account under the Plaintiff’s name, and on May 22, 2013, the Plaintiff entered the share certificates of 672,990 shares in the instant securities account under the Plaintiff’s name.