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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 3,037,177,500 square meters (hereinafter “instant land”). At the time of the Plaintiff’s representative director D owned 4,000 shares out of 10,000 shares issued by the Plaintiff, E owned 3,00 shares, F, G, and H owned 1,00 shares, respectively (hereinafter “previous shareholders”).
B. On June 20, 2012, the Plaintiff intended to sell the instant land to I (hereinafter “I”) for KRW 4,500,000,000 in the purchase price. However, due to the issue of transfer income tax burden, the Plaintiff’s representative director of I would acquire the land by acquiring the Plaintiff’s shares, and the previous shareholders, J, K, and L (K is a person who lends the name of the shareholder to J; the shares transferred under the name of K are the shares of J as seen below; as regards L, the shares transferred are substantially the shares of J; as seen below, the shares transferred under the name of E, G, and H did not actually transfer the shares; and as seen thereafter, each share of KRW 1,00 in the name of E, G, and H remains as at September 4, 2012, and the main contents related to the instant case are as follows.
2. The transferor and transferee of the Plaintiff’s shares under Article 1 (Purpose) of the contents of the contract shall pay the transfer price of shares as follows by an agreement:
Sales proceeds: 4,500,000,000 won: 100,000 won per annum for a contract of KRW 500,000,000,000 and the balance of KRW 400,000,000 on September 25, 2012: Article 5 (Cancellation of a contract) (2) of the amount of delay if the transferee delays the due date of balance,
E and K additionally prepared a separate share transfer and takeover contract on the date when the above share transfer and takeover contract is prepared, and the main contents related to this case are as follows:
Article 2 K shall accept E's share ownership and pay the amount of ownership transfer as follows: