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1. Of the principal lawsuit, the part of the claim for the confirmation of ownership of shares against Defendant C, D, and E shall be dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 3, 4, 5, Gap evidence Nos. 6-1 through 4, Gap evidence Nos. 7, 9, 10, Gap evidence Nos. 11, 12-2, Eul evidence Nos. 1, 11, 12-2, witness testimony Nos. 2, Eul evidence Nos. 1, 12-2, and the whole purport of the arguments as a whole.
Defendant B related to the parties is a company established for the purpose of soil, stone, steel reinforced concrete construction business, etc., Defendant C (mutual change to G on June 28, 2013) is the construction business, real estate leasing business, etc., and Defendant D is the representative director of each of the above companies, and Defendant E is the representative director of each of the above companies.
B. The Plaintiff and the Defendant C entered into a contract between the Plaintiff and the Plaintiff: (a) the Plaintiff, as the owner of the land scheduled for substitution, agreed to acquire all of the Defendant C’s property and shares, including the above two parcels of land subject to the project, as the in-house director of the Defendant C, to acquire the apartment construction project, which was conducted on the land of H large 2,890 square meters and I large 2,559 square meters in Yangsan-si, the land scheduled for substitution; and (b) on May 9, 2012, the Plaintiff entered into a contract with the Defendant C to acquire the entire property and shares of the Defendant C, including the above two parcels of land subject to the project; and (c) on July 9, 2012, the Plaintiff entered into a contract with the Defendant C to purchase all the rights, such as delivery execution, which the Defendant C had in the status of the buyer (the down payment KRW 200 million) with the remainder of the payment due date (hereinafter referred to as “the instant real estate sales contract”).
Meanwhile, the Plaintiff and F added the said two parcels to KRW 400 million for the remainder of KRW 3.2 billion and the additional facility cost to be borne by the buyer in the future in order to obtain a loan from a financial institution as security.