A. On May 11, 1998, the plaintiffs, the defendant, the non-party E, the F, and the wife of E (hereinafter referred to as the "business start-up member of this case") established the non-party H Co., Ltd. (hereinafter referred to as the "H") who is engaged in the development of computer software and the consulting business related to the establishment of a computer system and acquired shares in the above company. On the same day, the defendant was the representative director of the above company, and the E and F were the directors, respectively.

B. H applied for registration on the KOSDAQ on May 23, 2008, and registered on the KOSDAQ around October 2008. On June 17, 2009, H issued the separate-type bonds of preemptive rights against the Industrial Bank Co., Ltd. on June 17, 2012 due date, KRW 3 billion in total face value, private placement of bonds, period of exercise of preemptive rights from June 17, 2010 to May 17, 2012, KRW 2,340 in total, and the portion of preemptive rights was allocated to the Defendant, E,F, and non-registered officers and outside investors, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 5, Gap evidence 21, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the plaintiffs' assertion 1) The plaintiffs Gap and Eul wanting to provide the employees of H with an opportunity to take over the shares of the above company on December 10, 2001, each of the 4,000 shares (40,000 shares after the split-off) held by them were sold to the employees of the above company, and instead, they decided to have ownership of the shares in the defendant's name. Thus, the above plaintiffs have ownership of the above shares, and the defendant held title trust with respect to the ownership of the shares.

(2) The plaintiffs and the defendant need to pay the defendant's debt to H for the registration of HM, but one year for the examination of the registration of HM.