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(영문) 대구지방법원 2018.09.07 2016가합208277

주주권확인등

Text

1. The defendant and the independent party intervenor shall dismiss the application for intervention of the independent party;

2. The plaintiff, defendant C, D.

Reasons

1. Whether the application for intervention by an independent party is lawful;

A. Defendant B’s assertion that each of the shares listed in the separate sheet No. 1 in the name of Defendant C and D is seeking the confirmation of the Plaintiff’s status as a shareholder. Since the above shares are shares of Defendant B, which might in collusion with the Plaintiff, Defendant C and D, which could infringe on Defendant B’s rights, Defendant B filed an application for participation by the instant independent party, and sought the confirmation of the status as a shareholder for each of the shares listed in the separate sheet No. 2 in the name of Defendant C and D.

(b) Application for intervention by an independent party has the substance of a new lawsuit, so outline of participation;

In addition, general litigation requirements shall also be met.

However, on April 8, 2016, prior to the application for intervention of the instant independent party, Defendant B filed a lawsuit against Defendant C and D to confirm that the duplicate of the complaint is a shareholder of each of the shares listed in the separate sheet No. 2016Gahap206769, which was before the application for intervention of the instant independent party, and filed a lawsuit to confirm that the same is a shareholder of each of the shares listed in the separate sheet No. 2 attached hereto, and on May 3, 2016, Defendant D was pending in the lawsuit after the delivery to Defendant C, respectively, on May 16, 2016, and thereafter, Defendant B applied for intervention of the instant independent party on December 22, 2016, and thereafter, the fact that each of the applications was served on Defendant C and D on December 28, 2016 is apparent in the record.

According to the above facts, the application for intervention by the independent party against Defendant C and D in this case was filed with respect to the same subject matter of lawsuit while the previous suit is pending, and thus, it is unlawful as it violates the principle of prohibition of double lawsuit under Article 259 of the Civil Procedure Act.

2. Determination as to the claim against Defendant C and D

A. On June 1, 1985, the Plaintiff: (a) established the Defendant E Co., Ltd. (former trade name: F, Inc., Ltd.; (b) changed its trade name to E on January 9, 1988; (c) the purpose of the textile manufacturing and sales business; (d) the common shares of KRW 20,000 per share (10,000 per share); and (e) the capital of KRW 200,000,000, among the shares of Defendant E, held title trust of 3,000 shares among the shares of Defendant E and 2,000 shares to Defendant D.

(2).