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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts (applicable for recognition: Facts without dispute, Gap's entries in evidence Nos. 1, 2, 3, 5, 6, 7, Eul's evidence Nos. 2 and 3 (including provisional numbers), and the purport of the whole pleadings);
A. AD Co., Ltd. (hereinafter referred to as a “foreign company”) is a new construction project of a G building in the Yeongdeungpo-gu, Young-gu, Seoul Special Metropolitan City F, which is implemented by the KCAE, and the Plaintiff was a shareholder of the non-party company.
B. On May 26, 2008, HAE entered into a security trust contract with HAB and completed the registration of ownership transfer.
The first beneficiary of the above trust agreement was the non-party I and the second beneficiary company, but was changed to the third non-party company on June 1, 201.
C. On July 27, 2012, the Plaintiff: (a) leased the instant house from September 30, 2012 to September 29, 2014 with respect to the real estate listed in the separate sheet in the said housing complex (hereinafter “instant housing”); (b) provided the Nonparty Company with the Plaintiff’s common share 90,200 shares (hereinafter “instant shares”) owned by the Plaintiff as security for the management expenses, etc.; and (c) expressed its intention of purchase within two months before the end of the said period, the Plaintiff concluded a contract to purchase the instant housing with the Nonparty Company and the said housing at KRW 965,140,000 for the purchase price; and (c) assessed the price as KRW 10,700 per share of the instant shares as the purchase price.
(3) In the absence of an expression of intent to purchase, a mutual agreement was made to order the instant housing to the non-party company (hereinafter “instant agreement”).
At the time, Defendant B was appointed as the representative director of Nonparty B on May 18, 2012, and resigned on September 11, 2012.
Defendant C was appointed as the representative director on September 11, 2012, but resigned on September 30, 2014.
D. D.
The Plaintiff, around that time, delivered the instant shares to Nonparty Company, and received the instant shares from Nonparty Company, and thereafter on December 2013.