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(영문) 인천지방법원부천지원 2019.04.26 2018가단14023

명의신탁해지를 원인으로 한 명의개서청구

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts as shown in the reasons for the claim.

However, a person who acquired shares by transfer may solely prove the fact that he/she acquired shares without being required to obtain cooperation from the former owner of the shares, and file a claim for change of ownership with the company. If a person who held a trust with a shareholder terminates a trust agreement with the trustee, the shareholder’s right is immediately returned to the title truster, and it does not require a new legal act to transfer shares.

(See Supreme Court Decision 92Da16386 delivered on October 27, 1992). Accordingly, it cannot be said that the Plaintiff’s proving its assertion and demanding against the Defendant, the title trustee, without claiming a transfer of ownership on the register of shareholders, to compel the implementation of the transfer procedure against the company stated in the purport of the claim, has a benefit of lawsuit. Thus, the instant lawsuit is unlawful.