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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. At the time of October 31, 2006, the Plaintiff entered into a contract for the transfer and takeover of a corporation with D with the content that the Plaintiff would take over KRW 900 million of shares of KRW 171,415 square meters of E forest owned by the Defendant Company (hereinafter “instant forest”), shares issued by the Defendant Company, and 90 million of the right to quarrying in the instant forest (hereinafter “instant transfer and takeover contract”).
In relation to the subject of the instant transfer contract, the Plaintiff and D mixed their individuals and corporations whose representative director was the parties to the instant transfer contract, but it is reasonable to see these individuals as the subject of the instant transfer contract in light of the content of the subject of transfer.
B. The Plaintiff paid KRW 300 million, October 31, 2006, and KRW 100 million, May 30, 2007, respectively, to D in accordance with the instant transfer and acquisition contract.
around May 2008, the Plaintiff and D agreed to reduce the transfer price to KRW 800 million on the condition that the Plaintiff transferred 13% (13,650 shares) of the shares acquired by the Plaintiff to F, who is the person entitled to provisional attachment of the forest of this case.
C. G in the same business relationship with the Plaintiff was fully paid KRW 400 million to D until October 30, 2014.
D On October 31, 2014, G issued to G a written confirmation stating “a confirmation that it has received KRW 800,000 as the Defendant Company Company and Stock Transfer Price.”
D Company’s shares (105,00 shares) were held in title by Defendant B, one’s own children. At the time of the closure of the first instance trial, the ownership status of the shares (105,00 shares) of the Defendant Company is as follows.
Defendant B 36,750 Shares (35%) H, I, J, K 21,00 shares (20%) were transferred from D to H, etc.
F 13,650 note (13%) L 12,600 note (12%) G is taken over from D in the name of L.
Samho Enterprise Co., Ltd. 21,000 (20%) G was acquired in the name of Samho Company from D.
E. Defendant B is a person designated by G on November 14, 2016 in the course of the trial proceedings.