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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the descriptions of Gap evidence 1 to 8, 10, 12, 15, Eul evidence 3, 7, 8, 17, 19, 20 and the whole purport of the pleadings:
Defendant C (hereinafter “Defendant C”) has exercised the right of management as a substantial controlling shareholder from November 15, 2002, when it was established.
Around that time, D and E registered the shares listed in the separate sheet issued by Defendant C (hereinafter “instant shares”) of 20,000 shares out of 80,000 shares issued by Defendant C (hereinafter “instant shares”) for the wife F, 14,000 shares (17.5 percent shares) for the wife G of D, 15,00 shares (18.7 percent shares) for the wife of D, 19,000 shares (23.7 percent shares) for the alien of D’s external village group I, 12,00 shares (15 percent shares shares) for each title trust to the wifeJ of D, as above.
In addition, at the time of the establishment of Defendant C, F was appointed as directors and representative directors, and G and H were appointed as directors. G was dismissed from office on March 12, 2003, and D’s father K was appointed as directors.
B. On July 14, 2003, Defendant C entered into a business partnership agreement with M&A (hereinafter “M”) with respect to waste synthetic resin recycling sewage business, which was operated as a representative director.
The content of the above business partnership agreement is that the defendant C provides Ma with 10,000 square meters of the site of the factory and machinery and equipment funds, and M provides machinery and equipment and operates the factory, and M and the defendant C divide the profits and assets into 50:50.
C. Meanwhile, on the other hand, on March 7, 2003, Defendant C was obligated to pay the remainder amount of KRW 112,000,000 as the purchase price of KRW 1,112,30,000,000 for a 1,112,300,000 for a factory site in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and KRW 13455 square meters (hereinafter “instant land”) from the National Agricultural Cooperative Federation, and on September 5, 2003, Defendant C was obligated to pay the remainder amount of KRW 1,00,300,000.
D and E transferred this case’s land to Defendant B on June 30, 2003.