주주지위확인
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The Plaintiff’s assertion as to the cause of the claim held that the Defendants title trust shares listed in the “stocks in the name of the said Defendants” listed in the separate sheet among the shares issued by K Co., Ltd. (hereinafter “K”).
However, the Defendants did not comply with the Plaintiff’s declaration of intent to terminate title trust, and thus, seek confirmation that the Plaintiff is a shareholder of the shares held in title trust with the Defendants in order to eliminate the Plaintiff’s apprehension and risk of the Plaintiff’s status.
2. The legal action of this case regarding the legitimacy of the lawsuit of this case requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when receiving a judgment of confirmation is the most effective and appropriate means to remove the Plaintiff’s rights or legal status in danger and in danger.
If a person who has entrusted a shareholder’s name with respect to the shares before issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination. In such a case, where a shareholder’s name listed in the register of shareholders substantially contests shareholder’s rights, the substantial shareholder has a benefit to seek confirmation of shareholder’s rights
(see Supreme Court Decision 2011Da109708, Feb. 14, 2013). However, given that there is no evidence to acknowledge that the Defendants are disputing the Plaintiff’s shareholder right, any legal uncertainty cannot be deemed to exist in the right to seek confirmation.
Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.
3. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition.