C The shareholder rights of the shares listed in the separate sheet among the ordinary shares issued by a stock company are against the Plaintiff.

1. The fact that the Plaintiff held title trust to the Defendant from February 1997 to October 2004, as to the cause of the claim, on the shares listed in the separate sheet issued by C Co., Ltd. (hereinafter “instant shares”) is no dispute between the parties, and the fact that the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the above title trust was served on the Defendant on May 4, 2020 is apparent in the record.

While recognizing the fact of title trust, the Defendant asserts to the effect that the Plaintiff was unable to comply with the Plaintiff’s claim on account of the Plaintiff’s failure to receive any consideration, even though recognizing the fact of title trust, that the Plaintiff would pay the Defendant the proceeds of the increase in the value of the instant shares or the consideration for the title trust. However, there is no evidence to acknowledge that the Plaintiff was paying the proceeds

If a person who has entrusted a shareholder’s name with respect to the shares before issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination of the agreement. In such a case, if a shareholder’s name listed in the register of shareholders substantially contests shareholder’s rights, the substantial shareholder has a benefit to seek confirmation of shareholder’s

(2) As to the shares of this case, the Plaintiff’s right to the shares of this case was returned to the Plaintiff, and as long as the Defendant is disputing the actual status of the shares of this case, the Plaintiff also has the interest to seek confirmation thereof.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.