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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. The reasoning of the judgment of the court of the first instance citing the instant case is as stated in the reasoning of the judgment of the court of the first instance, except for the part that is modified according to the following Paragraph (2). Thus, this is cited as it is in accordance with the main sentence of
(1) The part concerning “1. Basic Facts” with the reasoning of the judgment of the first instance, which changed on 2.2.2. The following changes as follows: (i) the part concerning “1. Basic Facts” with the ground of the judgment of the first instance, which changed on 2.3. (ii) the part concerning “1. Basic Facts” (Articles 10 through 3, 10, 2.5).
“A.” A. On February 2, 2015, G Co., Ltd. was established for the purpose of real estate development business, etc. around that time, five parcels of land (hereinafter “instant project site”), including H 202 square meters, P 29 square meters, Q 137 square meters, R warehouse sites, 774 square meters, and 60 square meters, etc.
() On August 2, 2018, the said five parcels of land was combined with H large 1402 square meters on August 2, 2018, following a change of land category of a part of the land. In addition, the said five parcels of land was acquired by acquiring three parcels of land, including T-si 97 square meters, U warehouse site 340 square meters, and V large 162 square meters, and a new project for the construction of neighborhood living facilities (hereinafter “instant project”).
B) Around the time of the establishment of Company G, the shares issued by Company G were 90,000 shares totaling to KRW 10,000 (the par value per share is KRW 10,000), and the Plaintiff and W were shareholders holding 29,700 shares of the shares issued by Company G as well as shareholders holding 30,60 shares out of the shares issued by Company G as directors and representative director and representative director, and D were shareholders holding 30,60 shares out of the shares issued by Company. (c) A around May 10, 2016, X and D representing Company G were the above eight shares including the instant project site (hereinafter “instant project site, etc.”).
The sales contract was concluded to purchase the contract and the down payment was paid to D on the same day, and the end of May 2016.