1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was established at KRW 50 million capital on December 1, 2009. Of the total issued shares of KRW 5000 (per 10,000 per share) at the time, shares in the name of the Plaintiff and D were 2,250 shares, and shares in the name of the Defendant were 50 shares.

B. Around May 26, 201, the shares 2,250 shares in the name of D were disposed of on or around May 26, 201, and the shares in the name of the Plaintiff and the Defendant were changed to 2,500 shares, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, witness E's testimony, the purport of whole pleadings

2. The assertion and judgment

A. At the time of the establishment of C, the Plaintiff and E have accepted each share of 2,500 shares. However, the Plaintiff, among them, held the Defendant with 250 shares, and E with 2,250 shares among them, respectively held the Defendant with each title trust of the remaining 250 shares to the Defendant, who is his spouse.

After that, when E disposes of the above shares 2,500 shares, the plaintiff actually accepted all the above shares 2,500 shares, but the 2,250 shares were additionally trusted to the defendant.

Therefore, the beneficial shareholder of 2,500ism in the name of the defendant is the plaintiff.

At the time of establishment of C, the Defendant borrowed 2.5 million won from the Plaintiff and E to pay the subscription price for shares, and even at the time of acquisition of shares in D name, the Defendant borrowed 20 million won from the Plaintiff and paid the subscription price for shares, and there is no fact that the said shares were trusted by the Plaintiff.

Therefore, the beneficial shareholder of 2,500ism in the name of the defendant is the defendant.

B. A person registered as a shareholder in the registry of shareholders is presumed to be a 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 registry of shareholders was trusted and that of the name borrowed, a person who is a nominal shareholder has a separate shareholder, the party asserting such title trust relationship must prove the fact

However, a third party who is not a shareholder on the register of shareholders.