1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 22, 2004, the Plaintiff and the Defendant, who is the Plaintiff, established D Co., Ltd. (hereinafter “D”), and the Defendant was appointed as the representative director of D.

B. The total number of D’s issued shares is 5000 shares, and the total amount of capital is 50 million won. On July 22, 2004, the shareholder registry of D was registered as the Defendant’s 2,450 shares (hereinafter “instant shares”), Plaintiff’s 1,500 shares, Plaintiff’s 1,50 shares, and Plaintiff’s 1,050 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. First, the Plaintiff asserts that, in order to establish D, the Plaintiff invested KRW 162,00,000 as necessary to acquire the right to registration of chartered bus and passenger transport business from Samsung Tourist Tour Co., Ltd., and is the real shareholder of D who paid the share price, and was entrusted with the instant shares in the name of the Defendant around July 22, 2004.

Inasmuch as a person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company in question and has the burden of proving the denial of the shareholder's rights, in order to claim that the name of the shareholder in the register of shareholders was trusted and that there was a separate shareholder in substance as the name borrower, the person who is registered as a shareholder in the register of shareholders must prove the fact of borrowing the name in title trust at

According to the evidence Nos. 3 and 4, from the Plaintiff’s account on June 22, 2004, KRW 40,000 was remitted from the Defendant’s account to the Defendant’s account on June 22, 2004. The Defendant’s account was withdrawn from KRW 67,00,000 on June 29, 2004 and paid KRW 33,00,000 from the Plaintiff’s account to the Samsung Tour’s account on June 29, 2004. The Plaintiff’s shares were remitted from the Plaintiff’s account to the Plaintiff’s account on June 30, 2004. However, the fact that the Plaintiff can only be acknowledged to have been remitted from the Defendant’s account on July 5, 2004 to the Plaintiff’s account on June 30, 2004.