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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 11, 2007, the Plaintiff entered into a sales contract with the Gyeonggi-do Local Public Corporation to purchase KRW 3,037,177,500 of the purchase price of KRW 2,439.5 square meters (hereinafter “instant land”). At the time of the Plaintiff’s representative director D owned KRW 4,000 of the Plaintiff’s outstanding shares of KRW 10,000, and E owned KRW 3,000, F, G, and H owned each of KRW 1,00 (hereinafter “previous shareholders”).
B. On June 20, 2012, the Plaintiff intended to sell the instant land to K Co., Ltd. at KRW 4.5 billion. However, due to tax imposition, etc., the Plaintiff’s representative director of K I would acquire the Plaintiff’s shares by acquiring the Plaintiff’s shares, and the former shareholders and two persons including J would transfer the Plaintiff’s shares to J et al. on September 4, 2012, “D and four other persons transfer the Plaintiff’s shares to 4.5 billion won.” On September 4, 2012, D transferred 4,00 shares to K, and 2,00 shares out of 3,00 shares to 3,00 shares, and F transferred 1,00 shares to K respectively, and J assumed the Plaintiff’s representative director.
C. Since then, the Plaintiff newly constructed a shopping mall building on the instant land (hereinafter “instant shopping mall”). On January 8, 2013, the Plaintiff prepared a sales contract (hereinafter “first sales contract”) stating that the instant shopping mall No. 110 was sold at the price of 300 million won between G and G. D. On June 23, 2014, the Plaintiff and the Defendant, the wife of G, entered into a L supply contract with the content that the instant shopping mall No. 110 was sold at the purchase price of 42,566 million won (hereinafter “second sales contract”). On June 20, 2014, the registration of ownership was completed in the future on June 25, 2014.
E. Around August 2014, the J concluded a share transfer contract with MM to transfer the Plaintiff’s entire shares, and the J shares 4.