1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. On September 2, 2005, the Plaintiff transferred 4,000 shares listed in the separate sheet of shares (hereinafter “instant shares”) to the Defendant on September 2, 2005, and the transferee’s indication under the contract was D.

After that, the transfer procedure for the above shares was completed in the future of the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, and the purport of the whole pleadings.

2. As alleged in the grounds of appeal and judgment, the Plaintiff borrowed KRW 30 million from the Defendant on September 2, 2005, and transferred the instant shares as a security therefor. The Defendant did not lend KRW 30 million, and the Plaintiff rescinded the said transfer contract on the grounds of this, and thus, the Defendant is obligated to return the instant shares to the Plaintiff as restitution.

(1) The Plaintiff’s assertion that the Plaintiff sold the shares of this case and the Plaintiff had cancelled the sales on the ground of the delay in payment of the obligation to pay the price was changed in the first instance. In addition, the Plaintiff’s assertion that the share price was paid in full on the date of the following documents: (a) evidence No. 1, and evidence No. 6 through No. 12, and evidence No. 3-1, No. 2, 3, and 4, respectively, are insufficient to acknowledge the existence of the above security transfer agreement; and (b) there is no other evidence to acknowledge it otherwise, the Plaintiff’s assertion is groundless.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.