1. The Defendant (Counterclaim Plaintiff) confirms that the shares listed in the separate sheet are owned by the Plaintiff (Counterclaim Defendant).

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was running a personal business chain C (hereinafter “individual”) with the Defendant since 2003, prior to the establishment of Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Defendant, in 2005, was incorporated into a non-party company that is a corporate entity and converted into a corporation by acquiring the business of the existing individual company. The Defendant allocated 1,000 shares out of 20,000 shares of Nonparty Co., Ltd. (hereinafter “instant shares”).

Therefore, the instant shares were issued by the Defendant with the recognition of the Plaintiff’s shares against the individual company or with the recognition of the Plaintiff’s contribution, thereby seeking confirmation of whether the instant shares were owned by the Plaintiff.

B. The Defendant asserted that the Defendant jointly invested KRW 30 million and Nonparty D’s KRW 70 million, thereby establishing and operating an individual company, and the Plaintiff was working as an employee of the individual company since its start-up.

The defendant, while establishing the non-party company, paid the full amount of KRW 100 million capital to the defendant. To establish the non-party company in the manner of open recruitment for the convenience of the incorporation procedure, the defendant lent the defendant's 4,000 shares to E and the plaintiff 1,00 shares. The shares of this case entered in the name of the plaintiff in the register of shareholders of the non-party company are trusted by the defendant to the plaintiff.

However, since the Defendant terminated the title trust with the Plaintiff by serving a duplicate of the counterclaim of this case, the Defendant sought confirmation as to whether the instant shares owned by the Defendant.

2. Determination

A. A person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company, and in order to reverse this, there is a burden of proof on the part of denying the shareholder's rights. Therefore, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the real shareholder is separate.