1. Of the investment shares of a limited liability company C, the membership rights on 4,000 units out of 5,000 units in the name of the defendant shall exist to D.

1. Facts premised on the determination

A. On December 12, 2006, the limited liability company C (trade name before the change: limited liability company E; hereinafter “the limited liability company of this case”) was established for the purpose of real estate rental, etc. as representative director, and G director. The list of investors of the limited liability company of this case, prepared at the time of the establishment, entered that the defendant and G own 5,000 shares of the limited liability company of this case (10,000 shares of investment) among 10,00 shares of the limited liability company of this case (10,000 shares of investment).

B. After that, H, the wife of D, took over 50% of the shares of the instant limited liability company from G free of charge, thereby, H was appointed as a director instead of retired directors.

C. On April 30, 2014, the Plaintiff filed a lawsuit against D to claim for the transfer of membership rights (hereinafter “previous lawsuit”) and rendered a judgment that “D shall implement the procedure to transfer the ownership of 4,000 shares out of 10,000 shares of the instant limited liability company to the Plaintiff (No. 2013Na10825 of the Gwangju High Court).” The Plaintiff appealed against D and appealed, but the final appeal was dismissed on August 20, 2014, and the said judgment became final and conclusive as is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, and 7, the purport of the whole pleadings

2. Determination

A. In light of the following facts acknowledged based on the evidence as to the title trust between D and the defendant as to the shares held by the employees of the instant limited company, D is an actual owner of the shares held by the employees of the instant limited company. However, in light of the following facts, D is reasonable to view that it was reasonable to have each ownership of the shares held in the name of the investment account by placing the investment shares in the name of the defendant, G, H, etc. (hereinafter collectively collectively referred to as "the defendant, etc.") under the name of the defendant, G, H, etc., and by taking account of the following facts: (a) evidence Nos. 1, 13, 14, 15, 17 through 21, 23, 24, 26, and 27; (b) evidence No. 4-1, 2, 9-9-1, 12-1, 16-1, and 4.