A. On June 28, 200, the Plaintiff established C Co., Ltd. (hereinafter “Nonindicted Company”) on June 28, 200, and thereafter, established the company as the representative director and the major shareholder as well as the above company. The Defendant is the wife of the Plaintiff.

B. At the time of establishment, the non-party company issued 10,00 shares of common shares (the amount of KRW 5,000 per share) and allocated 8,000 shares among them to the plaintiff, 1,000 shares E, and 50 shares each, respectively. After that, the non-party company increased its capital on October 28, 2002, and allocated shares to shareholders at the same rate as above.

C. The current register of shareholders states that the Defendant holds 1,000 shares of the non-party company (hereinafter “instant shares”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5, and 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the instant shares were held in title by the Plaintiff to the Defendant, and thus, the Plaintiff is the actual owner. As the Defendant refused to return the Plaintiff’s request for return of shares and contests ownership, the Plaintiff asserts that the instant shares were owned by the Defendant.

As to this, the defendant asserts that the shares of this case did not constitute title trust with the defendant's contribution and allocation.

B. According to the overall purport of each of the statements and arguments in Gap evidence Nos. 7 through 12 (including each number), the plaintiff held the title trust of 1,000 shares and 500 shares for E on June 28, 200, which is the time when the non-party company was incorporated, with E on June 28, 200, and prepared a title trust agreement between F and the defendant, the defendant did not deny that there was no fact that the defendant prepared the above agreement, but it is recognized as to the identity of the defendant's seal affixed on the above agreement.