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.

Basic Facts

On April 28, 2017, when the lawsuit of this case is pending, the plaintiff is the husband and wife, and the plaintiff filed a lawsuit against the defendant, including divorce and consolation money, with the Seoul Family Court 2017ddan314291, and the above lawsuit is pending.

The Plaintiff, as a dentist, operates a dental clinic (F department), has operated a separate business as the name of “C” on October 29, 199, and has been running the business of selling dental and general medical equipment online by opening an Internet site as “D” after completing business registration.

On October 14, 2009, the Plaintiff established C Co., Ltd. (hereinafter “instant company”) with capital of KRW 30 million in order to continue to conduct the business in the form of a corporation with a large scale of sales of the said medical instruments sales business.

At the time of incorporation of the instant company, the total number of outstanding shares was 300,000 shares (10 won per share) and the Plaintiff paid all shares, but on the register of shareholders, the Plaintiff stated that the Plaintiff holds 2.10,000 shares and the Plaintiff E holds 90,000 shares.

On December 26, 2011, the Plaintiff entered into a share acquisition agreement to transfer 630,000 shares out of the shares issued by the instant company owned by the Plaintiff to the Defendant at KRW 6.3 million.

The register of shareholders of the instant company dated March 26, 2012, which was after the conclusion of the above share acquisition agreement, stated that the Plaintiff owned 145,00 shares (49%), the Defendant owned 65,00 shares (21%) and E owned 90,00 shares (30%) respectively.

The instant company increased its capital in KRW 530 million on January 3, 2013 to obtain permission for wholesale business of pharmaceutical products.

(hereinafter “the instant capital increase”). 5,00,000 new shares issued as a result of the instant capital increase were accepted by the Plaintiff for 2,256,000 shares, and 2,74,000 shares by the Defendant. On the same day, shares paid to the instant company in the name of the Plaintiff and the Defendant.

The register of shareholders of the instant company on December 31, 2013 acquired the instant company’s capital increase of KRW 145,000,000, previous 2,401,000.