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1. The plaintiff's lawsuit against the defendant D shall be dismissed.
2. The Plaintiff:
A. Defendant B Co., Ltd. shall be listed in the attached list 1.
Reasons
1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply);
(2) Each entry and the purport of the whole pleading
A. On June 14, 2016, the Plaintiff and Defendant D filed a divorce lawsuit with each other (hereinafter “instant decision”), which became final and conclusive after the issuance of a decision to recommend a settlement of the Plaintiff to pay KRW 218,217,00 to the Plaintiff as property division (hereinafter “instant decision”).
B. According to the reasoning of the instant decision, the Plaintiff and Defendant D’s active and negative property were assessed on the premise that the division ratio of property was 50%, and the Defendant D had determined to pay the above money in cash to the Plaintiff with net property more, and each of the shares listed in the separate sheet (hereinafter “instant shares”) in the separate sheet was assessed to be equivalent to KRW 316 million owned by the Plaintiff.
C. However, around September 2016, Defendant B and the Dispute Resolution Co., Ltd (hereinafter “Defendant Co., Ltd”) entered the shareholders of the instant shares in the shareholder registry from Plaintiff to Defendant D, respectively (hereinafter “instant change of holders”).
2. The assertion and judgment
A. The plaintiff asserted that the plaintiff, although the shares of this case were owned by the plaintiff, the transfer of this case was made without any cause. Thus, the defendant company asserts that the plaintiff should transfer the plaintiff to the shareholders on the register of shareholders of this case, and that defendant D should consent to the above transfer of shareholders.
The Defendants asserted that the Plaintiff was merely a formal shareholder of the shares of this case and entered into an agreement with Defendant D to agree or cooperate in the transfer of the shares of this case separately from the instant decision (hereinafter “instant agreement”) and that accordingly, the transfer of the shares of this case was made.
B. Whether the lawsuit against the defendant D is lawful