주주권확인청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff filed an offer on March 31, 2014 of registered common shares of KRW 10,000 per share issued by the Defendant through a temporary general meeting of shareholders on March 3, 2014 (hereinafter “instant shares”) and filed an application for confirmation against the Defendant, claiming that the Defendant is a shareholder of the instant shares, on April 6, 2014.
However, in a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is in dispute between the parties as to the legal relationship subject to it, and thus, it is acknowledged that receiving a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk when there is apprehension or risk in the Plaintiff’s rights or legal status (see Supreme Court Decision 2014Da218511, Dec. 11, 2014). There is no evidence to acknowledge that there is dispute over the ownership of the shares of this case between the Plaintiff and the Defendant, and it is difficult to view that there is an apprehension or risk in the Plaintiff’s rights or legal status with respect to the shares of this case. Thus, the lawsuit of this case is unlawful as there
If so, the lawsuit of this case is unlawful and thus dismissed, it is so decided as per Disposition.