1. The defendant shall change the name of the shareholder on the register of shareholders to the plaintiff as to the shares listed in the attached list.

1. Facts of recognition;

A. Defendant Company is a company established on January 4, 2001 and engaged in civil engineering and construction business. The Plaintiff is a representative director of Defendant Company, and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) is an employee of Defendant Company.

B. As of the closing date of the argument in this case, the Plaintiff holds 150,325 shares, which are 60% of the shares of the Defendant Company, and the supplementary intervenor holds 100,217 shares, which are 40% of the shares listed in the separate sheet (hereinafter “instant shares”).

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

2. The parties' assertion

A. The plaintiff asserted that the plaintiff held the shares in this case on title trust with the supplementary intervenor, and thereafter expressed his intention to terminate the title trust when requesting the return of the shares in this case to the supplementary intervenor. Thus, the defendant is obligated to implement the transfer procedure to change the name of shareholders in the shareholder registry to the plaintiff on the shares in this case.

B. The supplementary intervenor’s assertion that the supplementary intervenor holds the instant shares as the actual owner.

3. Determination

A. In full view of the following circumstances, it is reasonable to deem that the Plaintiff trusted the title trust of the shares of this case to the supplementary intervenor in light of the following: (a) whether the Plaintiff was a title trust to the supplementary intervenor; and (b) the written evidence Nos. 3, 6, 8, and 9; and (c) the purport of the entire pleadings.

1) On August 9, 2016, the Intervenor stated that “I, at the Plaintiff’s request, lend the name, do not own the name, and agree to and implement the disposal methods, such as purchase of shares, transfer of shares to the Plaintiff, and transfer of shares to a third party without any conditions, and do not raise any civil or criminal objection accordingly, notarial deeds” (hereinafter “each letter of this case”).

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