주주확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that, as the plaintiff himself has title trust with the defendant, and the plaintiff has expressed his intention of termination of title trust with respect to the above shares through the service of a copy of the application for modification of the purport of the claim and the cause of the claim, the defendant is obligated to cooperate with the transfer of title to the above shares.
On the other hand, the entry of a change in the register of shareholders under Article 337(1) of the Commercial Act is merely a requisite for setting up against the transferee of shares to exercise the shareholder's rights in relation to the company. As such, the shareholder can independently file a claim against the company by proving that he/she is the shareholder. When the person who has entrusted the name of the shareholder terminates the title trust contract with the trustee, the shareholder's right is immediately returned to the title truster, and a new juristic act is not required between the trustee and the trustee for the transfer of ownership of the shares (see, e.g., Supreme Court Decision 92Da16386, Oct. 27, 1992). With respect to the change of ownership of the above returned shares, the truster can solely file a claim for the change of ownership with the company by proving the termination of the said title trust contract
(See Supreme Court Decision 9Da60993 delivered on March 23, 2000, etc.). Accordingly, the Plaintiff may file a claim against the non-party company for the change of title on the register of shareholders by proving the termination of title trust. Thus, the instant lawsuit filed against the Defendant alleged to be the title trustee is filed against the non-party company, and thus, there is no benefit in the lawsuit.
Meanwhile, we examine the Plaintiff’s assertion on title trust, namely, the following circumstances acknowledged by the records, namely, the Defendant assumed office as the representative director of the non-party company on February 2, 2016, and thereafter, 20,000 shares of the non-party company from the nominal owner.