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1. The plaintiff's lawsuit against the defendant C is all dismissed.
2. The plaintiff's claim against the defendant B is all dismissed.
3.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 2, evidence 9 through 15, evidence 21-1 through 27, evidence 29, evidence 30, evidence 33, Eul evidence 1, 2, 5, 15, and 16, and the facts in relation to the inquiry of facts into the Court Administration Office of this Court.
The plaintiff (the first trade name is D Co., Ltd., and the second trade name was changed on October 27, 2008) is the owner of Gangnam-gu Seoul E-building (hereinafter referred to as the "instant building"), which is a company that operates real estate leasing business, etc.
B. F is the Plaintiff’s major shareholder, who served as the Plaintiff’s representative director by October 12, 201, and G is the Plaintiff’s child, who was appointed as the Plaintiff’s director on October 12, 2002 and was appointed as the Plaintiff’s representative director on September 22, 2012.
C. In order to donate the instant building to F’s children without paying inheritance tax or gift tax normally on September 2008, F and Defendant B: (a) obtained a loan of KRW 30,000,000 from the bank as collateral of the instant building owned by the Plaintiff from the bank; (b) as if they were to make an investment in the Chinese Steel company in Hong Kong through Pucom Company located in Hong Kong, they would have incurred investment losses after several months; (c) as if they were to have been pretended to have incurred investment losses, they would be recovered as liquidation money of KRW 4,50,000 out of the said money; (d) the remainder amount was to establish a foreign corporation whose Rucomer was in Hong Kong, and to have the Plaintiff acquire more than one half of the Plaintiff’s shares through the corporation, thereby changing the Plaintiff to a foreign-capital invested company; and (e) donated the Plaintiff’s shares to F’s children without taxes in Hong Kong where no gift tax is imposed.
(hereinafter referred to as the above plan) D. D.
F = F around September 12, 2008, as a franchise.