1. The appeal of this case is dismissed.

2. The costs of appeal shall be borne by D.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) the part 3 to 17 of the 9th of the judgment of the court of first instance is used, thereby citing it as it is in accordance with the main sentence of Article 420 of the

Therefore, in order for D to be deemed to have been appointed as a legitimate representative director and internal director of the Plaintiff, “F” should be deemed to have been a single shareholder holding all the shares of the Plaintiff Company at the time when the minutes of the general meeting of shareholders were prepared as of November 2, 2017 and the minutes of the general meeting of shareholders as of December 26, 2017. Accordingly, D should be deemed to have been a total of 3.60,000 shares of the Plaintiff Company (hereinafter “instant shares”).

(1) The term “instant transfer contract” refers to a contract with H for acquisition of shares (hereinafter “instant transfer contract”) entered into with G by a shareholder who originally holds 100% of the shares whose shares are not issued and whose shares are not issued (hereinafter “instant transfer contract”).

) Pursuant to G, the instant shares were transferred to H, the original owner of the instant shares, as the contract was rescinded. Since then H transferred the instant shares to F on August 14, 2017, F was one shareholder of the Plaintiff Company holding the instant shares after August 14, 2017. The instant shares were transferred to H upon the lapse of six months after the establishment of the company or the date of payment on new shares, and upon the cancellation of the contract, the shares prior to the issuance of the instant shares can be transferred only by the declaration of intent of the parties, and upon the cancellation of the contract, the shares transferred to the performance of the contract were naturally returned to H (see, e.g., Supreme Court Decision 2002Da29411, Sept. 10, 202). As a result, if the instant transfer contract was legally rescinded, the shares that were not issued are naturally returned to H, and as a result, the entire shares that were acquired from H constituted the Plaintiff Company’s shareholder.

According to the statements in evidence Nos. 2, 3, and 4, G shall be paid by November 6, 2016 under the instant transfer contract to G on May 18, 2017 and June 5, 2017.