주주지위확인등
1. Of the instant lawsuit, the part of the claim for confirmation of shareholder status against Defendant B, and against Defendant C.
1. The plaintiff's assertion
A. Of the total 100,00 shares of Defendant B Co., Ltd. (hereinafter “Defendant B”), 50,000 shares were owned by the Plaintiff and the remainder of 50,000 shares respectively.
Defendant E received 50,00 shares of F on November 28, 2014, and transferred 1,000 shares out of 50,000 shares awarded to the Plaintiff on March 20, 2015.
However, the shareholders of 50,000 shares in the shareholder registry of Defendant B are registered as Defendant E, and the remainder of 50,000 shares as Defendant C (hereinafter “Defendant C”).
Defendant B deleted the Plaintiff from the register of shareholders, and Defendant C or Defendant E acquired the Plaintiff’s shares, and infringes on the Plaintiff’s rights by registering the Plaintiff’s shares in the register of shareholders.
The plaintiff has a benefit to seek confirmation of shareholder status against all the defendants as to 51,00 shares owned by the plaintiff.
B. Since each shareholder of the shares listed in the separate sheet is the Plaintiff, Defendant B is obligated to implement the transfer procedure to change the name of each shareholder to the Plaintiff.
2. Determination as to the legitimacy of the action - The part concerning the claim for the confirmation of shareholder status against Defendant B, the part concerning the 1,000 shares of the claim for the confirmation of shareholder status against Defendant C, and the part concerning 50,000 shares of the claim for the confirmation of shareholder status against Defendant E
A. In a lawsuit seeking confirmation, there must be the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, when there is apprehension or apprehension in the Plaintiff’s rights or legal status, receiving a judgment of confirmation is the most effective and appropriate means to eliminate the risk of apprehension (see, e.g., Supreme Court Decisions 2009Da93299, Feb. 25, 2010; 2014Da218511, Dec. 11, 2014).
With respect to the claim for confirmation of shareholder status against the defendant B, the plaintiff may claim and prove that he/she is the shareholder of the defendant B, and apply for the change of ownership of the shares related to the defendant B.