1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Facts of recognition

D Co., Ltd. (hereinafter “instant company”) is a company established on July 25, 200 with the total number of 4,200,000 shares issued on July 25, 200, par value of 500 won per share, and capital of 2.1 billion won.

On December 28, 2006, the Plaintiff entered into a stock title trust agreement with Defendant B on the purport that the Plaintiff trusted the name of 300,000 shareholders of the instant company’s shares to Defendant B. On March 15, 2007, the Plaintiff entered into a stock title trust agreement with Defendant C on the purport that the Plaintiff trusted the name of 250,200 shareholders of the instant company’s shares to Defendant C.

(hereinafter “each of the instant title trust agreements”). Defendant B, on the shareholder registry of the instant company, is a shareholder of 300,000 shares, and Defendant C is a shareholder of 250,200 shares.

(2) The Defendants’ shares in the name of the Defendants (hereinafter “instant shares”). The instant company did not issue share certificates.

On the other hand, on December 20, 2016, a duplicate of the complaint of this case containing an expression of intent to terminate each of the instant contracts was delivered to the Defendants respectively.

[Based on the facts of no dispute, Gap evidence Nos. 1 through 3 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), and a person who entrusted a shareholder’s name with respect to the shares prior to issuance of the judgment on the cause of claim for determination of the whole pleadings terminates a title trust agreement with the trustee, the right of the shareholder as to the shares shall be returned to the title truster only by the declaration of termination of the contract. In such a case, where a shareholder’s title holder registered on the register of shareholders contests a substantial shareholder’s right, the substantial shareholder may have the right to seek confirmation

(see, e.g., Supreme Court Decision 2011Da109708, Feb. 14, 2013). According to the above facts of recognition, the Plaintiff was a real shareholder of each of the instant shares, and the Plaintiff was under title trust with the Defendants of the instant shares for which no share certificates have been issued.