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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The pertinent Plaintiff between the Plaintiff and the deceased C (hereinafter “the deceased”) was 1 South Korea (D, E, and F). However, the KOSDAQ-listed company, a member of the deceased and his/her family, is a company established and managed by the Plaintiff (the internal director) and the Defendant (the representative director).
B. (1) After 203, the Plaintiff kept 1,237,90 shares of the non-party company (the face value of KRW 500) in H Securities Account (I; hereinafter “the instant securities account”). On September 24, 2009, the Plaintiff released the shares to the non-party company and offered 115,000 shares as security to the company bank and lent 700 million won to the company bank. On April 25, 2012, the Plaintiff entered the remaining 1,122,990 shares (the face value of KRW 1,237,90 - 115,000 shares) into the said securities account.
After that, as the Plaintiff sold 450,00 shares out of the shares in the securities account on June 13, 2012, the balance became 672,990 shares (1,122,990 shares - 450,000 shares).
(2) On June 2012, the Plaintiff recovered 115,000 shares which were offered as security by repaying 700 million won of the above loans to the Enterprise Bank. On September 6, 2012, the Plaintiff released 672,990 shares of the instant securities account. On September 11, 2012, the Plaintiff drafted a gift promise to give the Defendant a total of 787,990 shares of each of the above shares (15,00 shares) 787,990 shares (672,990 shares).
(2) The Plaintiff, on April 23, 2013, deposited 672,990 shares out of the above shares into the Plaintiff’s instant securities account, and deposited 33,649,50 won of dividends to the Plaintiff on May 2, 2013, the Defendant recovered the share certificates on May 7, 2013.
(3) On May 24, 2016, the Defendant paid gift tax on 115,00 shares among the above shares 787,990 shares, and deposited the shares with the Korea Securities Depository after completing a transfer of ownership; hereinafter the above 115,00 shares are referred to as “the instant transfer of shares.”