주식명의개서절차이행 청구의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 1, 1998, the Plaintiff acquired 2,500 shares owned by the Defendant Company.
B. C acquired the instant shares under the Plaintiff’s name on October 1, 2014, and accordingly, the Defendant completed the transfer process in C regarding the instant shares.
[Reasons for Recognition] Unstrifed Facts, Gap 1 and 2 evidence, results of response to the submission of taxation information by the director of the Ulsan District Tax Office, purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion is the cause of the claim that the plaintiff transferred or donated the shares of this case to D (C's wrong statement). The transfer procedure was completed in the name of D, and the defendant asserts that he is obligated to implement the transfer procedure for the shares of this case under the name of the plaintiff.
B. Determination 1) A person who is registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, and in order to reverse this, there is a burden of proof on the part of denying the shareholder’s right (see, e.g., Supreme Court Decision 84Meu2082, Mar. 26, 1985). The legal doctrine that only the shareholders listed in the register of shareholders are entitled to exercise shareholder’s right in relation to the company is likewise applicable to the company, not to only the shareholder but also to the company. Thus, barring any special circumstance, the company cannot deny the exercise of shareholder’s right by a person listed in the register of shareholders or recognize the exercise of shareholder’s right by a person who is not recorded in the register of shareholders (see, e.g., Supreme Court en banc Decision 2015Da248342, Mar. 23, 2017). 2) In this case, as seen in the foregoing legal doctrine, the Plaintiff’s assertion
However, even if the plaintiff's above assertion saw D as C, only each evidence submitted by the plaintiff (each evidence Nos. 1 through 6) shall be the defendant's shares 2.