1. Of the common shares 5,000 shares issued by Nonparty D Co., Ltd., Defendant B’s common shares 2,500 shares and Defendant C.

1. Facts of recognition;

A. Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) is a corporation established on December 29, 1995 and engaged in the business of selling scalculate, etc. of polyscaleculate.

B. The plaintiff is an internal director who is the representative of the non-party company, and the defendant C is the father of the non-party E who is the plaintiff's wife, and the defendant B is the husband of the defendant C.

C. At the time of incorporation, the non-party company issued 5,00 common shares of 10,000 common shares (However, the share certificates have not been issued). 1,250 common shares of 5,00 shares on the current shareholder registry are currently in the name of the Plaintiff, and 2,50 shares are in the name of the Defendant B, and 1,250 shares are in the name of the Defendant C.

As a founder of the non-party company, the Plaintiff: (a) is practically one shareholder who has paid all shares of 5,000 common shares issued by the non-party company; or (b) is registered in the register of shareholders by lending the name of the Defendant B with respect to 2,500 common shares of 5,00 common shares; and (c) is registered in the register of shareholders by lending the name of the Defendant C with respect to 1,250 common shares; and (d)

E. The Plaintiff filed the instant lawsuit with the Defendants to the effect that the title trust agreement with respect to each of the above common shares is terminated, and the duplicate of the instant complaint was served on January 4, 2016, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of share certificates to determine the cause of the claim terminates a title trust contract with the trustee, the shareholder’s right to the shares is returned to the title truster only by the declaration of termination. In such a case, if a shareholder registered in the register of shareholders contests a substantial shareholder’s right, the actual shareholder has a benefit to seek confirmation of the shareholder’s right against the shareholder registered in the register of shareholders. Accordingly, Supreme Court Decision 2011Da10970 Decided February 14, 2013.