1. All of the plaintiff's claims are dismissed.

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

Basic Facts

The plaintiff is a company that operates real estate investment and consulting business, and D is the plaintiff's internal director and actual owner.

Defendant C is a stock company that runs apartment houses, buildings, facility management and consignment business, etc., Defendant B is a stock company that runs real estate investment business, etc., Defendant B is an inside director and actual owner of Defendant B, F Co., Ltd. (hereinafter “F”) is a stock company that runs real estate investment business, etc., and G is a representative director and actual owner.

around early 2004, Defendant C’s shares issued by Defendant C had been registered in the register of shareholders as being owned respectively by D 500 shares, H (D’s wife), 3,50 shares, 3,50 shares, 1,40 shares, 1,400 shares, and 150 shares, but, in reality, D owned 70 percent of the shares of the said company and operated the said company.

Around that time, D, E, and G agreed to acquire existing companies with at least five years of establishment to jointly carry on real estate investment projects and to accept the Defendant C, which was operated by D, but the final agreement was made by establishing each stock company to acquire C’s shares in its name.

Accordingly, D established the Plaintiff (established on May 11, 2004), E was Defendant B (Establishment on May 6, 2004), and G was F (Establishment on May 11, 2004) respectively.

On May 28, 2004, among the shares issued by Defendant C (total of 10,00 shares), the Plaintiff acquired 3,000 shares (hereinafter “instant shares”); Defendant B acquired the shares subject to sale; and F acquired 1,00 shares; and Defendant C’s representative director appointed G as Defendant C’s shares; Defendant C’s remaining 2,00 shares were transferred to M Co., Ltd. (hereinafter “M”) designated by F on the same day; and around 2006 F acquired shares.

The Plaintiff, Defendant B, F, and D (Plaintiff), E (Defendant B), and G (F) as the actual operator of each of the above companies are the shareholders of Defendant C, and the actual manager of each of the companies as shareholders.