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1. Ascertainment that the shareholder's rights of the shares listed in the separate sheet of D Co., Ltd. are the Plaintiff.
2...
Reasons
1. Basic facts
A. The plaintiff is the representative director of D, and the defendants are the parents of E, who were the legal spouse of the plaintiff.
B. On February 26, 2007, the Plaintiff invested KRW 50,000,000 in capital, and entered 2,400 shares in the name of Defendant B, the head of which was the Plaintiff, and 2,600 shares in the name of Defendant C, the head of which was the Defendant C at the time of establishing D, in the register of shareholders. (hereinafter “instant shares”).
C. On March 16, 2018, the Plaintiff sent to the Defendants a certificate of content that the Plaintiff would terminate the title trust of the instant shares and return the instant shares to the Plaintiff. The content certification reached the Defendants, but the Defendants refused to comply therewith.
Meanwhile, the Plaintiff and E filed a lawsuit for mutual divorce with the Gwangju Family Court 2017dhap3688, 2018dhap3913 (Counterclaim). In the above lawsuit, the Plaintiff and E filed a lawsuit to the effect that “the Plaintiff and E are divorced due to the Plaintiff’s fault, the Plaintiff shall pay E a solatium amounting to KRW 40,000,000, and as a result of division of property, E shall pay the Plaintiff KRW 147,000 to the Plaintiff, and the Plaintiff shall transfer 2,500 out of the shares of this case to E, and shall notify the Plaintiff of the transfer of the above shares.” The judgment on the division of property is premised on the premise that the shares of this case are owned by the Plaintiff, but are trusted to the Defendants.
E. The Plaintiff appealed from the judgment of the above divorce lawsuit to the Gwangju High Court 2018Reu4410, and is currently pending in the appellate court.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 7, the purport of the whole pleadings
2. If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination. In such a case, the shareholder’s name recorded in the register of shareholders