1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Basic Facts

The non-party company incorporated and operated D Co., Ltd. (hereinafter “non-party company”) purchased land and run the business of selling it in units after dividing it, on February 28, 2012, with a view to real estate development business, real estate sale, lease business, etc., which was invested by W, X, H, F, E, Y, Z, and Z. The company purchased the land and run the business of selling it in units after dividing it. The land owner entered into a sales contract with the land owner and paid the down payment. Upon receiving the payment from the purchaser by physical coloring the purchaser of the divided land, the company operated the above business by transferring the ownership from the non-party company to the non-party

At the time of the incorporation of the non-party company, X was appointed as representative director, W, and H as each in-house director, and AA was operated on June 21, 2012, and F was appointed as representative director on the same day (W was resigned from inside director on September 25, 2012) from each representative director, inside director, and auditor. Three persons, including F, inside director, and H and executive director, who were in charge of business with the representative director, were in the actual operation of the non-party company. On September 26, 2012, F, from the representative director, resigned from the representative director, and on the same day, K was registered in the corporate register as the representative director, and E was appointed as the representative director, respectively.

The non-party company had at least 10 employees according to the duties of the head of division, the vice head, and the head of division, except for the representative director and the officers such as F, H, and E. The non-party company conducted the above real estate business by sharing the purchase of each land subject to purchase and sale, the division of each land, and the business affairs to kill the buyer with them by physical coloring the buyer. When the sales contract for divided land is concluded, the profit margin for the divided land is the financial resources other than the cost of division, registration, and other expenses.