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1. Revocation of the first instance judgment.
2. The defendant shall transfer to the plaintiff the transfer of the shares listed in the attached list.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2-1 to 6, Gap evidence 3, Gap evidence 4-1 to 4, Gap evidence 4-9, Gap evidence 10, Eul evidence 1, Eul evidence 5, Eul evidence 7, Eul evidence 7, Eul evidence 2, and Eul's testimony of the first instance court witness and the whole purport of the pleadings.
The plaintiff is a company with the purpose of newspaper publishing business, and the defendant is a company with the purpose of publishing and selling newspapers.
Meanwhile, C is currently serving as the representative director of the defendant from September 20, 200 to March 5, 201, D is the defendant's representative director from December 6, 201 to March 5, 2014, and from April 18, 2014 to 2015.
4. By the 17th day, each of the plaintiff's joint representative directors was employed.
B. On December 31, 2012, C purchased the Defendant’s outstanding shares of KRW 10,000 (hereinafter “instant shares”) from the Defendant’s Intervenor, an affiliate of E, the Defendant, for the purchase price of KRW 600,000, the Defendant’s outstanding shares of KRW 10,000 (hereinafter “instant shares”) and paid the purchase price on January 25, 2013, and the purchaser’s name was D.
After that, on January 25, 2013, C concluded a stock title trust agreement with D (hereinafter “instant title trust agreement”) with the following contents, and paid KRW 600 million to D, and D paid the said money to the Intervenor joining the Defendant as the purchase price of the instant shares.
Article 1 of the Stock Title Trust Contract (Subject Matter of Trust) This Agreement is the subject matter of the instant shares (amount of KRW 600,000) that D purchases from the Intervenor joining the Defendant.
Article 2 (Method of Trust) C shall provide D with KRW 600 million for purchase of shares.
Article 3 (Management of Trust Property) D When exercising all rights and duties as a shareholder, it shall comply with C's intention and exercise them for the benefit of C.
In addition, rights and benefits acquired as a shareholder shall belong to C.
Article 5(D)D shall be an object of trust.