주주권확인 등 청구의 소
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
We examine ex officio the legitimacy of the instant lawsuit against the Defendants.
In the lawsuit of confirmation, the benefit of confirmation is recognized when it is the most effective and appropriate means to obtain the judgment in order to eliminate the plaintiff's rights or legal status and to eliminate such apprehension and danger.
However, as the Plaintiff’s assertion itself has already been completed with respect to the shares listed in the separate sheet, the change of entry in the name of the Plaintiff was made in the name of the Defendant C’s shareholder registry.
It is not the most effective and appropriate means to get a judgment in order to eliminate such apprehensions and risks.
According to the Plaintiff’s assertion, the Defendants filed a lawsuit for confirmation of this case without recognizing the Plaintiff’s rights as the Plaintiff’s shareholder and without notifying the call-up of the general meeting of shareholders. However, the defect in the call-up notice is an issue that should be resolved by dispute over the validity of individual shareholders’ resolution, and the Plaintiff’s argument is not resolved (in addition to this case, the Plaintiff filed a lawsuit against Defendant C for confirmation of non-existence of the resolution of the general meeting of shareholders as the court No. 201639, Jan. 26, 2018, and was awarded a favorable judgment as of January 26, 2018, and the present case is currently in progress with Seoul High Court No. 2018Na205152). Accordingly, the Plaintiff’s lawsuit against the Defendants is unlawful and thus, all of them are dismissed.