1. The plaintiff's claim is dismissed.

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

Basic Facts

C Co., Ltd. (hereinafter “Nonindicted Company”) was established around January 30, 2007, and the Plaintiff is the representative director of the Nonparty Company, and Nonparty B holds 5,000 shares out of 20,00 shares issued by the Nonparty Company (hereinafter “instant shares”).

On August 22, 2014, the Defendant seized the instant shares based on the executory exemplification of the judgment with the Seoul Central District Court Decision 2014 Gohap502358 Decided August 22, 2014, Suwon District Court (Seoul District Court 2014TT2502) on November 3, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the plaintiff's assertion of the purport of the whole pleadings is a beneficial shareholder who has paid 100 million won to the 20,000 shares issued by the non-party company, and Eul is merely a type shareholder. Thus, compulsory execution against the shares of this case should be denied.

Judgment

A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company and has the burden of proving the denial of the shareholder's rights in order to reverse that person's presumption. Thus, in order to establish a trust with the name of the shareholder in the register of shareholders and to establish a separate shareholder in substance as the name of the borrowed person, the person must prove that the title trust relation

(2) According to the reasoning of the evidence No. 3 through 5, and No. 10 of the Plaintiff’s certificate of evidence No. 2007, Sept. 6, 2007 (see, e.g., Supreme Court Decision 2007Da277555, Aug. 6, 2007), the Plaintiff’s winning judgment is recognized, with the purport that the Plaintiff consented to the use of B’s name for 5,000 shares among the shares issued in the process of establishing a non-party company. The Plaintiff paid KRW 100,000,000, and the Plaintiff filed a lawsuit against B to confirm that the ownership of the instant shares was owned by the Plaintiff on August 20, 2014

However, the following circumstances, which are acknowledged by the respective descriptions of Nos. 1, 3, and 8 and the overall purport of pleadings, are as follows: ① A was registered as a director from the time of incorporation of the non-party company, and on May 13, 2013.