1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion is a shareholder who holds 38.24.% of the shares of C Co., Ltd. (hereinafter “C”).

However, the defendant purchased 1, 39, 40, and 41 each floor of 1st, 39, 40, and 1st 41, Nam-gu, Incheon Metropolitan City E shopping mall from C, and did not pay the sales price.

The plaintiff, as a shareholder of C, did not file a lawsuit within 30 days, and filed a lawsuit for the payment of the sale price for the company as a representative lawsuit under Article 403 of the Commercial Act for the purpose of the company.

2. Determination

(a) A shareholder who holds no less than one percent of the total issued and outstanding shares may demand that the company file an action against directors to enforce their liability.

(2) The request under paragraph (1) shall be made in writing, stating the grounds therefor.

(3) If a company fails to institute a lawsuit within thirty days after receiving the request under the preceding paragraph, the shareholder under paragraph (1) may institute an action for the company immediately.

B. Since a shareholder’s representative lawsuit under Article 403 of the Commercial Act is a lawsuit demanding a “director” who committed an act in violation of statutes or the articles of incorporation for the company or neglected to perform his/her duties, it is evident that a shareholder may not demand a “third party” who entered into a contract with the company to perform the contractual obligations directly.

Therefore, the plaintiff's assertion that is premised on the shareholder's representative lawsuit is without merit without any further review, and there is no other evidence to acknowledge the right of the plaintiff to file a claim against the defendant for sale price payment.

(The plaintiff submitted a written withdrawal of lawsuit, but the defendant did not consent thereto). 3. Thus, the plaintiff's claim is dismissed as it is without merit.