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1. Of the judgment of the first instance court, the part against the Plaintiff regarding the order to revoke below shall be revoked.
The defendant on 2012.
Reasons
1. Details of the disposition;
A. The Plaintiff is a representative director and a major shareholder of B Co., Ltd. (hereinafter “B”), a stock-listed corporation, and C is a representative director and a major shareholder of D Co., Ltd., a non-listed corporation (hereinafter “D”).
B. On March 12, 2003, the Plaintiff sold D Shares 37,200 (hereinafter “D Shares”) owned by the Plaintiff to C in KRW 3,00,00,000. However, due to the payment method of the purchase price, the Plaintiff calculated KRW 116,482 Shares B owned by C in KRW 10,164,82 per share, and transferred to C in KRW 164,820,00, and received KRW 684,894,075 from C; ② The Plaintiff acquired obligations owed by the Plaintiff with D; ③ the remainder of the purchase price, KRW 1,150,285,925 from C in cash.
(hereinafter “The First Sales Contract of this case.” In this case, the Plaintiff and C agreed to respond to the other party within seven days if they notify the time and method of exchanging the said stocks with the instant stocks.
C. Since then, the obligation under the instant 1 sales contract was fulfilled, and the instant shares were not transferred to C in substance. In such a situation, C did not enter into a contract on December 12, 2007 to transfer the instant shares in KRW 10,326,720,000 per share to D on December 12, 2007.
(hereinafter “the 2nd sales contract”) D.
However, the contract of the second sale contract of this case states that the plaintiff who had been in the name of the D shares at the time of the contract is the transferor, and the above contract is prepared by C upon delegation by the plaintiff.
On December 13, 2007, D deposited all of the above payments into three bank accounts (E, F, and G) opened on the day of the Plaintiff’s name on the following day.
E. However, the Plaintiff around January 2008, shares C in this case.