The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

The following facts may be acknowledged as either a dispute between the parties, or as a whole by taking into account the descriptions of Gap evidence 1, Eul evidence 3, and 4 and the whole purport of pleadings:

On December 9, 2010, the Plaintiff was appointed as the representative director of C Co., Ltd. (hereinafter “C”) (hereinafter “C”), but resigned on January 2, 2013, and again assumed office as the representative director on May 20, 2013. Since then, the Plaintiff owned 30,000 common shares (hereinafter “instant shares”) issued by C.

B. As of November 3, 2014 between the Plaintiff and the Defendant, a sales contract (Evidence A 1) was formulated between the Plaintiff and the Defendant to purchase the instant shares from the Plaintiff as of December 31, 2014, the Defendant’s purchase price of KRW 300,000,000, and the payment date on December 31, 2014.

C. On October 29, 2014, the Plaintiff resigned from the representative director of C, and the Defendant was appointed as the inside director of C’s representative on the same day.

At present, the defendant is entered as the holder of the instant shares in the shareholder registry of C.

Plaintiff’s assertion

Summary

A. The primary assertion that the Plaintiff sold the shares of this case to the Defendant in KRW 300,000,000, and the Defendant transferred the shares of this case to the Defendant, but the Defendant did not pay KRW 300,000,000 to the Plaintiff. Thus, the Plaintiff cancelled the sales contract on the shares of this case due to the Defendant’s nonperformance of obligation.

Therefore, the defendant should deliver the shares of this case to the plaintiff as restitution.

B. If the plaintiff and the defendant did not decide to sell the shares of this case in KRW 300,00,000, the sales contract between the original defendant with respect to the shares of this case is null and void as a false declaration of agreement. Thus, the shares of this case transferred to the defendant under the above contract must be returned to the plaintiff.

Judgment

A. The fact that the defendant prepared a sales contract to purchase the shares of this case from the plaintiff in the amount of KRW 300,000,000 is as seen earlier.