1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit falling under the above part shall be dismissed.

1. Basic facts

A. A. On July 24, 2002, G Co., Ltd. (hereinafter “instant company”) was established and issued 5,000 shares as registered shares at the time of its establishment. Around 2007, the shareholder status was F35% (1,750 shares), Plaintiff 34% (1,700 shares), H30% (1,50 shares), and I 1% (50 shares). Around October 7, 2008, F transferred 10% out of the shares owned as payment for the loan obligations to the Defendant (50 shares) and 20% (1,000 shares) to J respectively.

B. The Defendant was the representative director of the instant company from October 9, 2007 to December 28, 2009, and the F was registered as the joint representative director and the J as the auditor. However, on or after March 28, 2009, the Defendant, among the shares of the instant company since December 28, 2009, owns 40% (2,00 shares), F, J, and the Plaintiff each 20% (1,00 shares) of the shares of the instant company.

C. On June 2010, the Plaintiff, even though there was no fact that the F was 5% of the shares owned by the Defendant and F, and each of the shares listed in the separate sheet (hereinafter “instant shares”) was transferred by the Plaintiff, if the Plaintiff embezzled the Plaintiff’s shares by reporting as if the Plaintiff were to have acquired the instant shares from the tax office in March 2009, then filed a complaint as a crime of occupational embezzlement. On December 29, 2010, F was subject to a disposition of non-public prosecution on the death of December 3, 2010, and the Defendant was subject to a disposition of non-guilty suspicion.

C, D, and E filed an application for the recognition of inheritance limit under the Gwangju District Court’s 201-Ma158 on February 21, 2011, after the F died, the instant shares were not included in the inherited property.

E. On May 12, 2011, the Defendant was served on the instant company on May 24, 2011 by receiving a decision on provisional seizure of shares (No. 201Kadan1138) from the Gwangju District Court, the obligor, and the instant company as the garnishee.

(hereinafter “The instant provisional attachment order”). Accordingly, the Defendant is the Gwangju District Court on May 28, 2013 pursuant to the judgment prior to the remanding of the Defendant’s winning case.