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1. It is confirmed that the shareholder rights of the shares listed in the separate sheet were against the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. The fact that the Plaintiff entrusted each of the shares listed in the separate sheet issued by D (hereinafter “instant shares”) in the name of the Defendants in the name of each of the Defendants, and the Defendants were listed as the shareholders in the shareholder registry, is not a dispute between the parties. The fact that the Plaintiff expressed his/her intent to terminate the title trust by delivery of a copy of the instant complaint by the Plaintiff is significant in this court.
Thus, shareholders' rights of the instant shares were reverted to the Plaintiff, a real shareholder.
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2. As to the judgment on the defense of the Defendants, the Defendants asserted to the effect that the Plaintiff, after the above title trust, converted the shares of this case into the Defendants’ “public interest” as an indication of inspection of the Defendants’ assistance in the process of the establishment of the instant company, and acknowledged the Defendants’ ownership in the said shares. However, there is no evidence to support this, and the said defense is without merit.
3. If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of the share certificate for confirmation 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. In such a case, where a shareholder’s name recorded in the register of shareholders contests a substantial shareholder’s right, the actual shareholder has a benefit to seek confirmation of the shareholder’s right against the nominal shareholder on the register of shareholders (see Supreme Court Decision 2011Da109708, Feb. 14, 2013). In this case, as long as the Defendants asserted the ownership of the shareholder’s right over the shares before and after the instant lawsuit,
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4. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.