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1. It is confirmed that the shareholder's right to the shares listed in the separate sheet was against the Plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Determination as to the cause of claim
A. A. A. A. around January 2002, the Plaintiff incorporated Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with capital of KRW 50 million and KRW 100,000 (per share value of KRW 50,000) and paid the full amount of KRW 50,000 per share to Nonparty Co., Ltd. as share capital at that time. However, with respect to the shares listed in the separate sheet (hereinafter “instant shares”) among them, the Plaintiff entered them in the register of shareholders in the name of the Defendant. The Plaintiff expressed his/her intention to terminate the title trust on the instant shares to the Defendant by delivery of a copy of the complaint of this case, either there is no dispute between the parties, or it is recognized by taking into account the entire purport of the pleadings as a whole.
B. According to the above facts, the instant shares were held in title trust to the Defendant. On the other hand, if the Plaintiff is a beneficial shareholder, and the person who entrusted a shareholder’s title with respect to the shares prior to the issuance of share certificates terminates a title trust agreement with the trustee, the right of the shareholder as to the shares is returned to the title truster only by the declaration of termination. In such a case, in a case where the shareholder’s title holder registered in the register of shareholders substantially contests the shareholder’s rights, the substantial shareholder has a benefit to seek confirmation of the shareholder’s rights against the nominal shareholder on the register of shareholders (see Supreme Court Decision 2011Da109708, Feb. 14, 2013). The Plaintiff’s right to the instant shares was returned to the Plaintiff upon the Plaintiff’s declaration of termination of the Plaintiff’s title trust
2. Judgment on the defendant's assertion
A. The defendant asserts that there was an implied agreement between the plaintiff and the plaintiff to receive a certain amount of price according to the consignment in the name of the shares of this case, and that the defendant holds ownership until the price is paid.
(b) however, if any;