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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On February 7, 1995, the Plaintiff established and operated D Co., Ltd. (hereinafter “D”) for the purpose of publishing periodicals, etc., and the Defendant entered D and married with the Plaintiff on June 7, 1999, and was appointed to D’s representative director around March 2001.
B. Around March 2003, the Plaintiff established and operated F. Around December 2003, the said Company was treated as defaulting on or around December 2008, and the said Company’s debt was subject to compulsory execution procedures, such as D’s joint and several surety or auction of the Defendant’s property.
C. Accordingly, on March 5, 2009, the Defendant resigned from the position of representative director D while making a divorce with the Plaintiff (around that time, the Plaintiff was appointed to the representative director of D) and established a new corporation, and established C Co., Ltd. for the purpose of publishing periodicals, etc. (hereinafter “C”) on May 22, 2009 to continue the business run by D, and assumed office as C’s representative director.
At the time of the Defendant’s establishment as above, C’s capital was KRW 50 million, and the total number of outstanding shares was KRW 500,000,00,000,000,000,000,000 shares issued by C, but the Defendant paid KRW 25,000,00 to G, H (the Plaintiff’s birth) and I, to use the shares as subscription price on May 21, 2009. On May 22, 2009, the Defendant drafted a title trust agreement with H and C’s shares of KRW 250,00,00, with respect to shares of KRW 2,50,00,00, with respect to shares of KRW 2,50,00,00, respectively, and the Defendant paid KRW 25,500,00,00,00 to H and H and the above shares of KRW 250,50,00,00.
Accordingly, G, H, and I paid shares to C on May 29, 2009, and around that time, G, H, and I was registered as shareholders in the register of shareholders of C.
E. The Defendant, in 2012, held title trust with respect to the aggregate of 2,500 shares issued in G name C and 2,500 shares issued in G in the name of 2,500, and in the year of 2015.