1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The parties' assertion

A. On October 2003, the Plaintiff entrusted the Defendant with the name of 2,600 shares among the shares listed in the separate sheet, and the remaining 2,600 shares among the shares listed in the separate sheet around October 2004, but terminated the above title trust agreement.

Therefore, the shareholder of the instant shares is the Plaintiff, and the Defendant is dissatisfied with this, thus seeking confirmation that the shareholder’s right is the Plaintiff.

B. It was true that the Defendant entered in the register of shareholders as holding 5,200 shares listed in the separate sheet at the Plaintiff’s request. However, at the time of the above title trust, the Plaintiff agreed to grant compensation if he lends the name of the shareholder to the Defendant at the time of the above title trust, but the Defendant did not receive compensation that was promised until now. Since the Defendant contributed significantly to the growth of the Defendant Company C (hereinafter “Nonindicted Company”), the shares in the name of the Defendant should be deemed as owned by the Defendant

2. Determination:

A. In a case where a nominal shareholder listed on the register of shareholders contests a substantial shareholder’s right, there is a benefit to seek confirmation of a shareholder’s right against the nominal shareholder on the register of shareholders.

(See Supreme Court Decision 2011Da109708 Decided February 14, 2013). B.

In full view of the purport of the entire pleadings in the statement No. 2 of the evidence No. 2, the Defendant entered into a title trust agreement with the Plaintiff on 2,600 shares of the shares listed in the separate sheet on October 2003, as to the remaining 2,600 shares of the shares listed in the separate sheet, around October 2004, and acknowledged the fact that the name of each of the above shares was listed in the non-party company’s shareholder registry with the name of each of the above shares as it was registered in the non-party company’s shareholder registry. Thus, the beneficial shareholder of the shares listed in the separate sheet should be deemed the Plaintiff, and as long as the Defendant contests the ownership of the shares, the Plaintiff is also recognized

C. As to this, the defendant himself shall grow up for the non-party company.