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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. On April 23, 2012, the Plaintiff entered into a contract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) to purchase KRW 165/1652 shares of KRW 22.5 million in the purchase price (hereinafter “instant contract”).
B. On July 11, 2012, the Plaintiff was issued and delivered a document stating that the Defendant, who was in the position of the managing director of the non-party company, requested the payment of the above purchase price to his own account, and transferred KRW 22.5 million to the Defendant’s account under the name of the Defendant, and that “the Defendant would be responsible for the registration under the instant sales contract” (hereinafter “each of the instant documents”).
C. The instant land was owned by Nonparty Company. On June 12, 2012, E,F, G, and H, each 66/1652 shares, each 132/1652 shares on the same day, each 330/1652 shares to J on the same day, 82/1652 shares to K on July 16, 2012, 330/1652 shares to L on July 27, 2012, 1652 shares, 165/162 shares to M on August 21, 2012, and 349/1652 shares to N on the same day, each ownership transfer registration was completed, thereby transferring the entire land to a third party.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of claim, the defendant prepared and delivered a written statement that he is responsible for the transfer of the purchase price from the plaintiff to his own account, and thus, the defendant took over the obligation to transfer the ownership of shares to the plaintiff of the non-party company as to the non-party company's share of 165/1652 out of the land in this case.
However, after the conclusion of the sales contract of this case, the third party's ownership transfer registration for the land of this case has been completed, as seen earlier. Accordingly, the defendant's obligation to transfer ownership was omitted.
As such, the defendant is the defendant.