1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. (1) Defendant C Co., Ltd. (hereinafter “C”) was established on January 6, 2016 for the purpose of trucking transport business.

At the time of establishment, the representative director and in-house directors were registered as E.

(2) At the time of the establishment of Defendant C, the subscription price for new shares was the amount loaned by the Plaintiff.

10,000 shares issued were accepted in the name of D and E with only 10,00 shares issued.

(3) Defendant C acquired the trucking transport business of F Co., Ltd. (hereinafter “F”), which was operated by the Plaintiff, and the competent authority accepted the report on February 2, 2016.

B. On February 29, 2016, Defendant B resigned from Defendant C’s representative director, and Defendant B assumed office.

(2) Around that time, D transferred 5,000 shares acquired under its own name (hereinafter “instant shares”) to Defendant B, and the register of shareholders was changed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 3, Eul evidence 17-1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) Defendant C constituted the Plaintiff.

The Plaintiff acquired shares by lending the name of D and E, and registered D as a representative director.

The plaintiff has been in charge of the defendant B's accounting affairs and the customer management with ten years ago who had been employed by the plaintiff F.

(2) (A) Defendant B’s primary assertion on Defendant B’s assertion (A) indicated that “where there is a match, Defendant C should be liable for value-added tax,” and the instant shares were transferred to the representative director, and opened the instant shares under one’s own name. The Plaintiff knew at the latest thereafter, Defendant B erred in holding the instant shares. The Plaintiff consented to the ownership of the shares held by Defendant B as it is, thereby establishing a title trust relationship. (2) The Plaintiff expressed his intention to terminate the title trust by delivery of the instant complaint.

Since Defendant B contests itself as a shareholder, it is confirmed that the Plaintiff is a shareholder.