The plaintiff is the representative director of the above company which established the F Co., Ltd. (hereinafter referred to as the "instant company") on October 5, 1993.

Defendant B is the Plaintiff’s birth and the remainder of the Defendants are the Plaintiff’s children.

Defendant B is a director of the above company, and Defendant C is an auditor of the above company.

At present, the Plaintiff’s shareholder registry of the instant company is registered as a shareholder holding 27,000 shares out of 90,000 shares, with each of 9,00 shares owned by Defendant B, C, and D, and Defendant E as a shareholder holding 18,00 shares.

(2) The Defendants asserted that each of the shares under the Defendants’ name was named in title trust by the Plaintiff, and the Plaintiff terminated the said title trust. The Plaintiff’s assertion that each of the shares under the Defendants’ name was stated in the evidence Nos. 1 and 2, and that the purport of the entire pleadings was asserted by the Plaintiff.

Therefore, the Plaintiff seeks to confirm that each of the shares of this case is owned by the Plaintiff.

The Defendants asserted that they were the Plaintiff’s family member or a long-term branch, received the shares of the instant company from the Plaintiff, and that they had contributed to the growth of the company while working in the instant company, and received additional donations in accordance with the share ratio even at the time of capital increase.

Therefore, the instant shares do not constitute title trust by the Plaintiff.

Judgment

A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company in question and, in order to reverse this, there is a burden of proof on the part of denying the shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the person borrowed from the name, a person who is in fact a different shareholder should prove the fact of borrowing the name in

(see, e.g., Supreme Court Decision 2007Da27755, Sept. 6, 2007). As seen earlier, the Defendants are registered as shareholders of the instant company’s shareholder registry, and thus, are shareholders of the said company.