1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 1, 2004, the Defendant established and operated a stock company C (hereinafter referred to as “foreign company”) and the Plaintiff served as the cargo consignor of the non-party company from the initial date of its establishment and retired on July 21, 2014.

B. The Defendant transferred 20% of the shares of the non-party company (hereinafter “instant shares”) in the name of title trust in D future to the Plaintiff around 2005, and changed the title thereto. On June 20, 2014, the Defendant transferred the instant shares to E in the future by the spouse of the Defendant.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant shares were owned not only in the name but also in fact by the Plaintiff, and the Defendant forged a stock transfer agreement (No. 3) on June 20, 2014, thereby transferring the Plaintiff’s shares to E thereafter.

Therefore, the defendant should pay 82,256,000 won, which is equivalent to the value of the shares of this case, to the plaintiff as unjust enrichment or tort damages.

B. Since the shares of this case were held in title by the Defendant from the beginning, the Defendant could not seek payment of the equivalent value on the ground that the Defendant transferred them to E, and the value of the shares of this case claimed by the Plaintiff is excessive.

3. The judgment of the appellate court (No. 4) rendered on April 22, 2016 of the loan case (hereinafter “previous lawsuit”) brought by the Defendant against the Plaintiff (hereinafter “former lawsuit”) was rendered by the Busan District Court Decision 2015Na45939 Decided April 22, 2016, “The share ratio at the time of the establishment of the non-party company was changed to 40% of the Defendant (referring to the Defendant in this case, not the above loan case, and the Plaintiff also referred to as the same as the above), F20%, D20%, E20%, G20%, and G20%, and the Plaintiff owned 20% of the shares of the non-party company until 2014,” and “the Plaintiff acquired 20% of the shares of the non-party company as well as the shares of the non-party company.”