1. Of the instant lawsuit, the part on the claim for confirmation of the shareholder's rights against Defendant C is dismissed.

2. The plaintiff and the defendant B.

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that operates sports complex, etc., and the Plaintiff is a person who is working as the representative director of the Defendant Co., Ltd. and actually operated the Defendant Co., Ltd.

Defendant B is an employee of the Defendant Company.

On December 21, 2016, a person who was appointed as the representative director of the defendant company is appointed as the representative director.

B. Of the total number of shares issued on the register of shareholders of the Defendant Company, 174,320 shares (the instant shares) were owned by the Plaintiff, and the remaining 25,680 shares were registered as owned by the Defendant B.

On December 26, 2016, the Plaintiff drafted a share acquisition agreement with Defendant B to transfer the instant shares owned by the Plaintiff in KRW 871,600,000. Around that time, the name of the shareholder on the shareholder registry was changed to Defendant B with respect to the instant shares.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff, as the actual representative of the Defendant Company, and the Plaintiff, whose credit is not good, was registered as the representative director of the Defendant Company, was appointed as the representative director of the Defendant Company due to the relationship in which the Defendant Company could not obtain a loan from the financial institution, and the instant shares were also held in title trust to the Defendant B. Since the Plaintiff terminated the title trust agreement on the instant shares, the Defendants denied the title trust. As such, the Plaintiff sought confirmation against the Defendants as to whether the instant shares were owned by the Plaintiff, and ② sought implementation of the transfer registration procedure on the instant shares against the Defendant Company, even if the title trust agreement on the instant shares is not acknowledged, the Defendant B did not perform its obligation to pay the price under the instant share acquisition agreement, and thus, the Plaintiff terminates the instant share acquisition agreement on this ground.

Therefore, the claim for confirmation of the shareholders' rights of this case.