1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The defendant company (the former trade name before and after the change: the corporation and the trade name are not distinguished before and after the change, and only the defendant company is referred to as "the defendant company") is a company with the purpose of real estate development business, real estate sale and lease business, and the total number of issued stocks is 60,000 shares.

Meanwhile, from December 3, 2008 to December 3, 2008, the Plaintiff served as the representative director of the Defendant Company, and at the temporary general shareholders meeting of the Defendant Company on August 19, 2014, the resolution of dismissal was made against the Plaintiff.

B. around February 2014, the shares of the Defendant Company owned 50,400 shares (6,000 shares among them were owned in the name of the Plaintiff’s wife) of 84% of the total shares (6,000 shares) and E owned 6,00 shares of 10% of the total shares, and 1,800 shares of F and G out of 3% of the total shares.

C. The Plaintiff, the representative director of the Defendant Company, around February 2014, purchased real estate owned by H under the name of the Defendant Company I (hereinafter “I”) that was undergoing the rehabilitation procedure at that time, and subsequently sold it to the Defendant Company, thereby jointly promoting the business of remaining profits, and upon H’s introduction, agreed that H would be invested in the purchase fund.

Accordingly, between H and J around April 2014, the Plaintiff agreed to transfer 27,00 shares out of 50,400 shares of the Defendant Company owned by the Plaintiff to J, 9,000 shares to H (the name of the wife is in the name of the wife) and to appoint J as a co-representative of the Defendant Company.

E. The Plaintiff transferred 27,00 shares to J and 9,00 shares to K, respectively, and transferred 14,400 shares to H in the name of L, and the J was appointed as the co-representative of the Defendant Company on April 14, 2014.

F. Since then, Defendant Company provided a certificate of deposit of 10 billion won worth prepared by J to the rehabilitation court of Korea with respect to I to select as the preferential purchaser of I’s real estate, and the J actually selected as the preferential purchaser of the said real estate.