1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 31, 2006, the Plaintiff entered into a contract with C, the representative director of the Defendant Company, under which 90% of the shares of the Defendant Company are to be transferred in KRW 900 million (hereinafter “instant transfer contract”). The Plaintiff entered into a contract on the transfer of a corporation (hereinafter “instant transfer contract”).

In relation to the subject of the instant transfer contract, the Plaintiff and C mixed the individual and the corporation in which they were the representative director. However, when considering the content of the subject of transfer, they can be seen as the subject of the instant transfer contract.

B. In accordance with the instant transfer contract, the Plaintiff paid to C the amount of KRW 300 million on October 31, 2006, which is the date of the contract, and KRW 100 million on May 30, 2007, and agreed with C to reduce the transfer price on the condition that E, who is a person entitled to provisional seizure of the instant forest, transfers 13% of the shares acquired by the Plaintiff to E, who is a part of the shares acquired by the Plaintiff, around May 2008.

C. On November 20, 2006, the Plaintiff purchased the instant Crackers from F for KRW 290 million, and installed the instant Crackers in the forest of this case.

Since around 2007, Defendant Company used the instant clerit and disbursed KRW 380,002,342 at the cost of repair, etc. of the instant clerit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s instant Cracks owned by the Plaintiff, and the Defendant Company used the instant Cracks at will from around 2008.

Therefore, the Defendant Company is obligated to deliver to the Plaintiff the instant Crurit and return unjust enrichment equivalent to the rent of the instant Critius.

B. The Plaintiff and C, subject to the condition that the transfer price of the instant transfer contract would be reduced to KRW 1.1 billion, KRW 900 million, shall be the Defendant C.