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1. Revocation of a judgment of the first instance;
2. The plaintiff's primary claim against the defendants and the defendant B added at the trial.
Reasons
1. Basic facts
A. The F Co., Ltd. for the purpose of wholesale and retail trade of telecommunications equipment (the trade name was changed to Defendant D Co., Ltd. via G; hereinafter “Defendant Co., Ltd.”) was a company established by E around August 2006, and E had 24,000 shares out of 40,000 shares issued by Defendant Co., Ltd. under its own name, and the remainder was owned in its own name.
B. On October 31, 2014, among the shares issued by Defendant Company 40,000, the list of shareholders was prepared as follows: Defendant B 19,600 shares; Defendant C 1,200 shares; and I held 19,20 shares, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) around October 2014 through her husband Eul, the plaintiff sold 19,600 shares of the defendant company (the shares listed in paragraph (1) of the attached Table) to the defendant Eul in the form of KRW 98,00,00,000, and the list of shareholders was prepared as above after title trust with the defendant C. Since the defendant Eul refused to pay the sale price without paying the sale price, the contract for title trust with the defendant Eul is terminated. Accordingly, the defendants confirmed that the shares listed in the attached list are owned by the plaintiff. If the cancellation of the contract for title trust with the defendant Eul is not recognized, the defendant Eul is obligated to pay the plaintiff the purchase price of shares of the defendant company KRW 98,00,00,000 (the shares listed in paragraph (1) of the attached Table). Accordingly, the defendant Eul and the defendant Eul were obligated to use the defendant corporation's shares in accordance with the defendant Eul's shareholder registry and the defendant Eul 1 and the defendant Eul 2.