1. The part of the claim for the performance of the transfer procedure among the instant lawsuit is dismissed.

2. The plaintiff's remaining claims.

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) is a company established on January 24, 2002 with the purpose of supplying experimental equipment and materials, and with the total number of issued and outstanding shares 5,000 shares as 5,00 shares.

B. The Plaintiff is serving as the representative director of the instant company from July 7, 2009 to that date.

On the other hand, the defendant is currently in office as a director of the above company for the same period, and is currently stated as a shareholder of 2,000 shares issued by the above company in the list of shareholders of the above company (hereinafter “instant shares”).

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3, 8, 9, Eul's 1, and the purport of the whole pleadings

2. The Plaintiff asserted that “Around January 24, 2002, which was the date of the incorporation of the instant company, entrusted the name of the instant shares to the Defendant, and the said title trust agreement was terminated by the delivery of a copy of the complaint of this case.” The Plaintiff sought confirmation of the status of the shareholder right holder of the said shares (the part of the claim for confirmation of shareholder right), and sought to implement the transfer procedure against the Defendant.

3. We examine the legitimacy of this part of the lawsuit ex officio on the claim for the performance of the transfer procedure.

If a person who has entrusted a shareholder’s name terminates the title trust agreement with the title trustee, the shareholder’s right is immediately returned to the title truster and does not require a new legal act to transfer shares. Thus, barring any special circumstance, the title truster may solely file a claim for change of title against the company by proving the fact of title trust of shares, the termination of the title trust, etc. without the cooperation of the title trustee,

(See Supreme Court Decision 92Da16386 delivered on October 27, 1992). Accordingly, even if the Plaintiff entrusted the name of the shareholder with respect to the instant shares to the Defendant, but terminated the above title trust agreement, the Plaintiff’s trust to the Defendant.