1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 23, 1995, the Plaintiff is the current representative director who established C (hereinafter “C”) on September 23, 1995, and the Defendant, while participating as C’s promoters, holds shares listed in the attached Table among C’s shares (hereinafter “instant shares”).

B. The defendant did not pay shares for the shares of this case separately.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff formed a title trust agreement with the Defendant while establishing C, and terminated the title trust agreement with the delivery of a duplicate of the complaint of this case. Accordingly, the Plaintiff asserted that the instant shares belong to the Plaintiff, and that the Defendant claimed that the instant shares belong to the Plaintiff, rather than the Plaintiff’s title trust.

B. (1) The person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company in question and, in order to reverse this, there is a burden of proof on the part of denying the shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the borrowed name, the person who is registered as a shareholder in the register of shareholders was a separate shareholder, the party who asserts such title

However, even if a third party, who is not a shareholder on the register of shareholders, actually engaged in the payment of new stocks, the underlying underlying relationship for such act is based on the title trust relationship, such as the title trust relationship, and also on various forms of legal relations, such as the partnership with which capital is the investment obligation of one party, or the simple loan relationship with the acquisition price of new stocks. Thus, the mere fact that the third party merely engaged in the payment of new stocks without examining the underlying relationship or substance relationship with the acquisition procedure by the third party is based on the title trust relationship with the third party