1. The plaintiff's claim is dismissed.

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

Facts of recognition

C and the defendant company's new construction of D apartment and commercial buildings is the wife of C, the representative E of the defendant company is the wife of F, G is the wife of H, and E and G are the stations of their own.

The defendant, who is a limited partnership company with the main purpose of the construction business of housing units, lease business, etc., newly constructed two buildings of D apartment units (hereinafter referred to as "D apartment units") on the first ground of Gangseo-gun, Gangwon-gun and the commercial buildings listed in attached Table 2 (hereinafter referred to as "instant commercial buildings").

On March 23, 1991, the defendant company completed each registration of ownership preservation on D Apartment-dong on June 28, 1994.

In the case of the commercial building of this case, registration of preservation of ownership has not been made, but on April 12, 2012, according to the application for compulsory auction of L, a creditor of the defendant company, and the entrustment of registration, registration of preservation of ownership has been completed.

H Acquisition of shares on May 2001 and F’s acquisition of shares are to transfer the entire shares of the Defendant Company (the total investment amount of KRW 220 million) to M in 200 million. On May 30, 2001, M in 110 million out of the shares of KRW 160 million held in her own name and transferred to M in 10 million out of the shares of KRW 160 million held in her name to M in 200 million, and the remaining shares in KRW 50 million and the shares of KRW 60 million held in N in her name to M in 200 million.

Accordingly, M became a general partner and representative member, and G became a limited partner.

(Share ratio: M and G 10 million won. C received from M a down payment and partial intermediate payment of the said share transfer contract. To receive the remainder of the share transfer price of KRW 140 million and arrears of KRW 260 million, a promissory note in the face value of KRW 160 million issued by O on August 31, 2004, in order to receive the payment of KRW 160 million.

Since then, R, which received the said Promissory Notes from C, is the Seoul Southern District Court No. 2004Gahap20099 against the O corporation.