증권
1. Of the instant lawsuit, the part regarding a claim for the performance of the transfer procedure of shares is dismissed.
2. The defendant shall submit attached Form 1 to the plaintiff.
1. The description of the grounds for the claim is as shown in attached Form 2;
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts.
3. We examine ex officio determination as to the legitimacy of a request for the performance of the transfer procedure among the instant lawsuits, as to the lawfulness of a request for the performance of the transfer procedure.
If a person who has entrusted a shareholder’s name terminates the title trust contract with the trustee, the shareholder’s right is immediately returned to the title truster, and it does not require a new legal act to transfer shares.
Therefore, a title truster may independently file a claim for change of title against the company by proving the fact that he/she held a title trust without obtaining cooperation from the title trustee.
(See Supreme Court Decision 92Da16386 delivered on October 27, 1992). In light of the aforementioned legal principles, the Plaintiff is merely entitled to prove the title trust of the instant shares between the Defendant and the transfer of title to the company on the register of shareholders. The Plaintiff’s direct transfer of title to the Defendant is unlawful as there is no legal interest in the lawsuit.
Therefore, this part of the lawsuit is dismissed.