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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From September 25, 2014, the Plaintiff, along with E, engaged in mining and aggregate sales business using the instant mining right from September 25, 2014, and the Defendant is a company running mining business. 2) The Plaintiff and F, G, H (hereinafter collectively referred to as “F, etc.”) acquired the instant mining right from E in the name of E, and jointly operates the said company by taking over the instant mining right from E, 30% of the shares of the said company, and 70% of the shares of the said company were to be owned by the Plaintiff, and the remaining 70% of the shares of the said company were to be owned by the said F, etc., and agreed to comply with the said share ratio.
3) Accordingly, on June 10, 2015, I Co., Ltd. agreed to acquire the instant mining right from E in KRW 3,500,000,000, and on September 23, 2015, F et al. paid KRW 1,750,000 out of the aforementioned payment to E. However, on September 24, 2015, F et al. completed provisional registration with respect to the instant mining right in its sole name, and the Plaintiff demanded that F et al. transfer the instant mining right to a third party and settle the amount of KRW 30% of the payment to the Plaintiff differently from the existing agreement.
5) The Plaintiff introduced C and D introduced the instant mining right to F, etc. in accordance with the said proposal. On April 10, 2016, the Plaintiff and F, etc. decided to transfer the instant mining right to C and D in KRW 3,900,000,00, and thereafter C entered into a contract on October 31, 2016 to acquire 8,000 shares out of the Defendant’s shares issued on October 31, 2016 from G’s father, the owner of the instant mining right, with respect to the instant mining right on March 30, 2016.
B. The plaintiff's application for provisional disposition with respect to the mining right of this case and the registration of transfer with respect to the mining right of this case has been completed, the plaintiff is subject to the cancellation of the registration of transfer with respect to the mining right of this case.