1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On February 10, 2012, the Plaintiff entered into a share transfer agreement with D Co., Ltd. (hereinafter “instant company”) to transfer 91,300 shares (45.65% of the total number of outstanding shares) to E, F, and G (hereinafter “instant contract”) and entered into a contract with the following terms and conditions (hereinafter “instant contract”).

E, F, and G have completed the procedure for changing the name of shares at each time of the instant contract.

The plaintiff shall transfer the shares of the company of this case to E, F, and G as follows, and shall conclude this contract.

transferee E

1. Class of shares: Ordinary shares; and

2. Number of transferred stocks: 50,000 shares.

3. Face value per share: 5,000 won;

4. Transfer value per share: 1,000 won; and

5. Transfer price of stocks: F by a transferee of 50 million won; and

1. Class of shares: Ordinary shares; and

2. Number of transferred stocks: 16,000 shares.

3. Face value per share: 5,000 won;

4. Transfer value per share: 1,000 won; and

5. Stock transfer price: G 16 million won by transferee.

1. Class of shares: Ordinary shares; and

2. Number of transferred stocks: 25,300 shares;

3. Face value per share: 5,000 won;

4. Transfer value per share: 1,000 won; and

5. Stock transfer price: the full amount of stock transfer price in E, F and G is determined. (b)

On March 13, 2013, E entered into a contract with the Defendant to transfer 7,180 shares of the instant company, including 50,000 shares that it transferred from the Plaintiff (hereinafter “instant shares”) to KRW 5,00 per share, KRW 1,000 per share transfer value, KRW 77,180,000 per share transfer value, and KRW 77,180,000.

C. Although the Plaintiff filed a lawsuit against F and G seeking the return of each of the above shares on the ground of the rescission of the instant contract, the Plaintiff was sentenced to the dismissal judgment on March 23, 2017 (Seoul Eastern District Court 2015Kahap109605), and was sentenced to the dismissal judgment on September 21, 2017.

(Seoul High Court 2017Na2021402). [Reasons for Recognition] did not dispute, Gap's evidence 1 to 7, Eul's evidence 1 to 6 (including each number), and the plaintiff's judgment as to the ground for appeal as a whole.