The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiff's total costs of litigation.

If a third party who is not a shareholder on the register of shareholders acquires shares and pays the price, it is insufficient to consider the third party as a real shareholder solely on the ground that the third party has paid the price for acquisition of shares, and it should be determined by taking into account the internal relationship between the third party and shareholders on the register of shareholders, the circumstances and purpose of the acquisition of shares and the registration on the register of shareholders, and the contents of exercise of rights as a shareholder

(see, e.g., Supreme Court Decisions 2007Da51505, Mar. 11, 2010; 2012Da29441, Feb. 13, 2014). The lower court determined that it is difficult for the Plaintiff to recognize that the Plaintiff is the owner of the instant shares on the grounds stated in its reasoning.

In light of the aforementioned legal principles and records, the lower court cannot be deemed to have erred in its judgment by mistake of facts or by violating the rules of evidence, as alleged in the grounds of appeal.

2. We examine ex officio the lawfulness of the instant lawsuit.

A. Although a lawsuit for confirmation is recognized where obtaining a judgment of confirmation is the most effective means to eliminate the risk of legal status, it is recognized that the lawsuit for confirmation is the most effective means, and the lawsuit for confirmation is not a final solution of a dispute, and therefore there is no benefit of confirmation.

(see, e.g., Supreme Court Decisions 2005Da60239, Mar. 9, 2006; 2016Da241249, Jan. 12, 2017). Furthermore, whether there is a benefit in confirmation of a lawsuit seeking confirmation is a matter of ex officio investigation, and thus, the court should ex officio determine ex officio regardless of the party’s assertion.

(1) A person who acquires shares may solely file a claim with the company for change of ownership by proving that he/she acquired shares through the presentation of share certificates in possession, barring any special circumstance. Meanwhile, a person who acquires shares may solely file a claim for change of ownership against the company by proving that he/she acquired shares, barring any special circumstance.

Supreme Court Decision 201Da1448 delivered on March 24, 1995