주식인도및명의개서절차이행
1. Of the instant lawsuit, the part of the claim for ownership confirmation regarding the shares listed in the separate sheet shall be dismissed.
2. The defendant.
1. Determination as to the claim for confirmation of ownership among the instant lawsuit
A. The Plaintiff is seeking confirmation against the Defendant, a company, that the owner of the shares listed in the separate sheet (hereinafter “instant shares”) is the Plaintiff.
B. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant to eliminate such apprehension and danger, which is currently in the Plaintiff’s rights or legal status (see, e.g., Supreme Court en banc Decision 96Da11747, Oct. 16, 1997).
However, the Plaintiff may file a claim against the Defendant, a company, for the change of ownership on the register of shareholders by asserting and proving that it is one’s own shareholder. Therefore, obtaining a judgment against the Defendant to confirm that the instant shares are owned by the Plaintiff cannot be deemed the most effective and appropriate means to eliminate the risks of existing unstable in rights or legal status asserted by
Therefore, the above part of the lawsuit in this case cannot be deemed as a benefit of confirmation. Thus, the above part of the claim is unlawful.
2. Determination on a claim for the performance of transfer procedure
A. On July 25, 2012, the Plaintiff and C jointly distribute profits arising from the joint management of the Defendant to the Plaintiff and C (hereinafter “instant contract”).
2) On July 27, 2012, a notary public obtained a certification (certificate) of the instant contract from No. 2111 of the Ministry of Justice, including the Djoint Law Office, etc., and the partial contents of the instant contract are as follows (hereinafter referred to as “A” and “B” refer to “A” and “A”, respectively.
2) Article 1 of the A.I.D. (A and B’s investment obligation Company A and B’s investment obligation) is jointly invested in accordance with the capital required for joint management of Corporation B, and with the articles of incorporation of the corporation prepared at the time of incorporation.