1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2.After the first remand, this Court shall have jurisdiction over this case.

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendants for unjust enrichment, etc., and the Defendants filed a claim against the Plaintiff as a counterclaim.

The court of first instance dismissed all the plaintiff's principal claim and the defendants' counterclaims claim.

On this issue, the plaintiff and the defendants filed an appeal, respectively.

Before the first remand, this Court partly accepted the Plaintiff’s claim and dismissed the remainder of the Plaintiff’s main claim and the Defendants’ appeal, respectively, and only the Defendants filed an appeal.

Accordingly, the Supreme Court rendered a judgment of the first instance that reversed and remanded the entire judgment before the first remand.

Before the second remand, this Court partly accepted the Defendants’ counterclaims, and dismissed the remainder of the Defendants’ counterclaims and the Plaintiff’s appeal against the principal lawsuit.

In this regard, only the plaintiff filed an appeal, and the appellate court rendered a second judgment that reversed and remanded the part against the plaintiff in the second judgment before remanding.

Therefore, the scope of the judgment of this court is limited to the part of the reversal and return of the second remand judgment, that is, to the part of the plaintiff's loss among the principal lawsuit and counterclaim of the second remand judgment.

2. Basic facts

A. The Plaintiff is a company aimed at the Plaintiff’s ordinary passenger car business, etc., and the Defendants are married couple, and each of 20,000 shares out of 572,00 shares issued by the Plaintiff is a shareholder.

The Plaintiff and Defendant B enter into the following contracts for share purchase and sale:

1. Defendant B purchases 40,00 shares of the Plaintiff.

Of the total 132,812 shares, 40,00 shares held by employees shall be purchased, and the price shall be 5,000 won per share.

The name of shares to be purchased shall be prescribed by the Defendants.

2. The above share price shall be deposited into the Plaintiff’s account on July 14, 2005. A

The transfer of the name of purchased stocks shall be completed by September 30, 2005.

(b) If shares are not transferred, such shares shall be requested by the defendant B;