주식 소유권 확인
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C Co., Ltd. (hereinafter “instant company”) is an executor established on October 30, 2007 for the acquisition and sale of the D building located in China.
B. At the time of its establishment, the instant company issued 5,00 shares of common shares (hereinafter “instant shares”) with the amount of 10,000 won per share as KRW 10,000. The shareholder registry prepared on December 27, 2007 stated that F owns 2,00 shares out of the instant shares, and that E and the Plaintiff own 1,50 shares each of the instant shares.
C. Meanwhile, on the other hand, the Defendant (Co., Ltd.) acquired the entire shares of this case on or around September 15, 201, but all of them were disposed of to the Manner International Tring Limited (hereinafter “Manner”), and on March 18, 2015, the shareholder registry of the instant company as of March 18, 2015, indicated that the Manner holds all 5,000 shares of this case as of March 18, 201.
[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 6, Eul evidence 16, the purport of the whole pleadings
2. As to the instant lawsuit seeking confirmation against the Defendant by asserting that the Plaintiff is the actual owner of 1,500 shares out of the instant shares and seeking confirmation against the Defendant, the Defendant is no longer the shareholder of the instant company, and the instant lawsuit is unlawful as there is no benefit of confirmation.
On the other hand, it is recognized that the lawsuit for confirmation is the most effective and appropriate means to determine the legal status of the plaintiff when the legal status of the plaintiff is unstable and dangerous, and if the name holder listed in the register of shareholders contests substantial shareholders' rights, the actual shareholder has a benefit to seek confirmation of shareholders' rights against the name holder listed in the register of shareholders.
(See Supreme Court Decision 97Da38510 delivered on June 12, 1998). However, the Defendant disposes of the entire shares of this case and entered in the current register of shareholders.