1. Upon the plaintiff's preliminary claim added at the trial after remand, the defendant is the head office of D Co., Ltd. of the plaintiff.

1. Objects of adjudication of this Court;

A. The Plaintiff filed a claim against the Defendant for the transfer of 60,000 shares of D Co., Ltd. pursuant to paragraph (6) of the instant second agreement, which was seen after the remanding, and filed a claim for the transfer of 48,00 shares of the said company pursuant to paragraphs (4) and (9) of the said agreement, and filed a claim against the Defendant Co-Defendant C of the first instance trial to transfer 12,00 shares of the said company to the Defendant.

B. The trial prior to the remand only accepted the Plaintiff’s claim seeking a transfer of 48,000 shares of D Co., Ltd. among the Plaintiff’s claim against the Defendant, and the Plaintiff’s claim seeking a transfer of 60,000 shares of the said company among the Plaintiff’s claim against the Defendant, and the claim against Co-Defendant C of the first instance trial respectively.

Therefore, since the part of the judgment of the court of first instance against the co-defendant C is separately confirmed, since only the defendant appealed and the plaintiff did not appeal, this part is excluded from the object of the judgment of the court of first instance after remand.

C. Meanwhile, in a case where the plaintiff's primary claim is dismissed and only the defendant appealed against the judgment of the appellate court which accepted the conjunctive claim, and the plaintiff did not appeal against the plaintiff, the legality of the judgment of the appellate court concerning the primary claim is not the subject matter of the judgment of the appellate court and only the part against the defendant among the conjunctive claims before remanding the case is the subject matter of the judgment of the appellate court. If there are grounds for the defendant's appeal, the appellate court shall reverse only the part against the defendant concerning the conjunctive claims in the judgment of the appellate court before remanding the case. The judgment of the appellate court shall be reversed and remanded simultaneously with the judgment of the appellate court which reversed and remanded the conjunctive claims, and as a result, the judgment of the appellate court after remanding the case shall be limited to the part against the defendant among the conjunctive claims (see Supreme Court Decision 2001Da6213, Dec. 24, 2001).