1. The plaintiff's claim is dismissed.

2. An independent party intervenor and the plaintiff and the defendant are entered in the register of shareholders of the defendant.

1. The following facts do not conflict between the Parties:

On August 19, 1994, the Plaintiff and D (at present, one of the co-representative directors of the Defendant Company) established the Defendant Company for the development of 2,550,561 square meters of forest E in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant stone”), and agreed to allocate 15,000 of the total shares of 20,000 shares to D, and the remainder of 5,000 shares to the Plaintiff.

B. D out of the 15,000 shares of the Defendant Company allocated to oneself, 3,950 shares of 15,00 shares of the Defendant Company F (one of the current co-representative directors of the Defendant Company), 1,000 shares were allocated to G, who is F’s father, and 50 shares were allocated to F’s friendship H. Meanwhile, the Plaintiff was allocated to F’s wife at 5,000 shares of the Defendant Company allocated to him, and 450 shares to E, and 50 shares to E, respectively.

C. Around November 1994, D submitted a written statement of complaint to the Seoul Central District Prosecutors' Office to the Plaintiff for the crime of occupational embezzlement, and on December 4, 1994, the Plaintiff prepared to D a written statement stating that “In order to withdraw the above complaint, the Plaintiff renounced all rights to the Defendant Company, and transferred all of the shares issued by the Defendant Company (i.e., 3,000 shares I in the name of 3,000 shares, 4,50 shares issued by the Defendant Company (i.e., 450 shares in the name of 3,500 shares).”

After that, on December 11, 1994, the Plaintiff transferred 4,950 shares of the Defendant Company under the name of himself, I, and J to D, and on the other hand, D transferred 4,950 shares of the Defendant Company that the F lent to D at F’s request, instead of paying the amount of KRW 25 million that the F lent to D.

At present, the shareholder registry of the Defendant Company entered 10,000 shares out of 20,00 shares D, 8,950 shares, F, 1,00 shares, G, 50 shares as owned by an independent party intervenor (hereinafter “instant shares”).

2. The parties' assertion

A. The Plaintiff’s shares in this case are asserted.