소유권확인
All appeals are dismissed.
Costs of appeal shall be borne by each party.
The grounds of appeal by both parties are examined as follows.
1.(a)
The reason why the Commercial Code has a shareholder registry system is to ensure the efficiency and legal stability of administrative affairs related to this, by allowing companies to process the legal relations related to large number of shareholders in a form, uniform standard, which can be easily identified externally, due to the nature of organizational legal relations in which the composition of shareholders continues to change due to issuance and transfer of shares.
This is divided into the relationship of rights between the parties other than the company and the exercise of shareholder's rights to the company, and the latter is an attitude to recognize special effect on entry in the register of shareholders or entry of change of holders.
Therefore, barring any special circumstance, a person who is lawfully entered in the register of shareholders may exercise a shareholder’s right, such as voting rights, in relation to the company, and the company cannot deny the exercise of a shareholder’s right by a shareholder on the register of shareholders, regardless of the existence of another person who actually acquired or intended to acquire shares, other than the shareholder on the register of shareholders, even though it was known that there was another person who actually acquired or intended to acquire the shares,
(See Supreme Court en banc Decision 2015Da248342 Decided March 23, 2017). B.
However, the Commercial Act only provides for the entry of the register of shareholders in the company as a requisite for setting up against the company and does not provide for the effective requirements for the transfer of shares, so the entry of the register of shareholders is not a shareholder of an unentitled person, but a shareholder does not lose his/her right on the ground that the entry
(See Supreme Court Decision 2017Da221501 Decided October 12, 2018). C.
As such, the relationship of rights on stock ownership and the face value of shareholders' rights for the company is divided, and between the company and the shareholders.