A. Facts of recognition 1) The Plaintiff Company currently holds the Guatesen Co., Ltd. (hereinafter “Guatesen”)

2) The Defendant is currently holding 4,00 shares out of 40,000 shares issued on the registry of shareholders, and the Defendant is currently holding 4,00 shares out of 4,00 shares issued above on the registry of shareholders (hereinafter “instant shares”).

(A) However, at the time of the capital increase in vertical medicine around November 24, 2009, the instant shares were acquired by the Plaintiff and entered into a title trust agreement with the Defendant, and only the name of the shareholder on the register of shareholders was under the name of the Defendant on the register of shareholders.

(A) After 3) the Plaintiff terminated the title trust agreement on the instant shares and requested the Defendant to cooperate in transferring the name on the register of shareholders of the instant shares to the Plaintiff, but the Defendant has not complied with it up to now (Evidence A 3).

B. 1) Examining the above facts in light of the legal principles as seen earlier, if a person who entrusted a shareholder’s name with respect to the shares before the issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination. In such a case, if a shareholder’s name recorded in the register of shareholders contests a substantial shareholder’s right, the actual shareholder has a benefit to seek confirmation of the shareholder’s right against the nominal shareholder recorded in the register of shareholders (see, e.g., Supreme Court Decisions 97Da38510, Jun. 12, 1998; 2011Da109708, Feb. 14, 2013).