1. The plaintiff's claim is dismissed.

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

Facts of recognition

Defendant B, Defendant (Appointed Party) and appointed parties were the Plaintiff’s workers, and they had the Plaintiff’s unpaid wage claim against the Plaintiff due to delayed payment of the Plaintiff’s wages during the period of service.

In this situation, the employees of the Plaintiff Company, including the Plaintiff Company, the Defendant B and the Defendant (Appointed Party) were likely to be defaulted, constituted an emergency response committee, and the Defendant B became the chairman.

At the time, the Plaintiff owned the real estate listed in the attached list 2 (hereinafter “instant real estate”). On March 24, 2006, the Plaintiff entered into a pre-sale agreement with Defendant B, who was delegated by workers, to guarantee workers’ obligation to pay wages, and completed the registration of the right to claim transfer of ownership based on the pre-sale agreement with Defendant B on the same day.

On May 26, 2006, Defendant B expressed his intention to complete the sale and purchase reservation of the instant real estate, and completed the registration of ownership transfer on June 13, 2006.

At around 2013, the Defendant (Appointed Party) and the designated parties asserted that “as the chairperson of the Emergency Countermeasures Committee against Defendant B, setting Defendant B as the chairperson of this court, constitutes the conclusion of the delegation contract, and that the delegation contract should be terminated on the ground of the breach of the fiduciary duty,” the Defendant (Appointed Party) and the designated parties filed a lawsuit seeking the implementation of the procedures for ownership transfer registration in the name of the Defendant (Appointed Party) and the designated parties as to each portion listed in the attached Table 2.

On May 15, 2014, the above court rendered a judgment ordering Defendant B (Appointed Party) and the appointed parties to implement the procedure for ownership transfer registration based on the termination of delegation contract, and the above judgment became final and conclusive as it is.

Accordingly, on June 19, 2014, Defendant B completed the registration of ownership transfer for each share listed in the separate sheet No. 2 list to the Defendant (Appointed Party) and the appointed parties.

【Ground of recognition】 There is no dispute.