1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is a company that operates real estate development, sales, rental, clothing, wholesale and retail business, etc. of sports goods.

On September 26, 2013, the Plaintiff was issued an order of seizure of shares with respect to 8,000 common shares owned by G out of 20,000 common shares of KRW 5,000 per share issued by the Defendant, which was issued by the Suwon District Court Branch 2013TT3592.

On August 11, 2014, the Plaintiff was issued an order to transfer shares (hereinafter “instant order to transfer shares”) with the purport that “the shares seized by the aforementioned order of seizure of shares shall be transferred to the Plaintiff instead of paying KRW 40,000,000,000,” and the instant order to transfer shares was served on the Defendant on August 15, 2014, and became final and conclusive on October 15, 2014.

The Plaintiff did not request a change of entry pursuant to the purport of the instant transfer order against the Defendant until the date of closing the argument of the instant case, and did not change the entry in the name of the Defendant’s shareholder.

The Plaintiff filed a lawsuit against the Defendant for the entry of the change of entry in the register of shareholders with respect to each of 10,000 shares owned by G and E out of total 20,000 shares of common shares of KRW 5,000 per share issued by the Defendant. On September 25, 2014, the Plaintiff received a partial favorable judgment against the Plaintiff on September 25, 2014 that “the Defendant shall implement the change of entry in the register of shareholders with respect to each of the shares of KRW 3,00 among the shares in G and E” (hereinafter “instant judgment”). The Defendant appealed against the Defendant on May 8, 2015, but the winning portion was dismissed on May 8, 2015 (Seoul High Court 2014Na203714).

The plaintiff only appealed against the judgment of the appellate court, but the appellate court (Supreme Court Decision 2015Da218105) dismissed the appeal on September 10, 2015, which became final and conclusive on September 18, 2015.

In accordance with the purport of the instant judgment, the Plaintiff was against the Defendant on July 7, 2015.