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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd (hereinafter “Nonindicted Co., Ltd.”) is a company incorporated on July 25, 2002 with capital of 50,000,000 won, total number of shares to be issued 40,000 shares (one share amount of 5,000 won, common shares).
B. The equity capital of the non-party company was changed to KRW 300,00,000 on December 24, 2003, KRW 500,000,000 on December 28, 2004, and KRW 700,000,00 on June 9, 2005, and the total shares was currently changed to KRW 140,000 on June 9, 2005. The shares registered in the name of the defendant in the name of the shareholder registry were KRW 10,200 on December 24, 203 (per equivalent to KRW 51,00,00 on December 28, 200, KRW 15,000 (per equivalent to KRW 75,00,000) on December 28, 204, and was equivalent to KRW 00,000 on June 9, 200 (per annum).
[Reasons for Recognition] Each entry of Gap evidence Nos. 2 and 3 (including paper numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the Plaintiff paid the share price of the instant shares and allocated shares, and the Defendant is merely the title trustee, and that the Plaintiff’s shareholder right of the instant shares is the Plaintiff.
B. Determination is based on the following: (a) the company’s shareholder registry is presumed to be a shareholder of the company; and (b) the company bears the burden of proving the denial of shareholder’s rights to reverse this (see Supreme Court Decision 2007Da51505, Mar. 11, 2010). In order to assert that the name of the shareholder registry was trusted and that there was a real shareholder as the name borrowed, the company should prove the borrowed-in fact at the side of claiming the title trust relationship; and (c) even if a third party, who is not a shareholder on the register of shareholders, actually has actually performed the payment of new shares, the underlying underlying cause of such act can present various forms of legal relations such as a title trust relationship, including a title trust relationship, and a simple loan relationship with the acquisition price of new shares, and thus, the third party’s acquisition procedure is based on a third party’s stock acquisition procedure.