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(영문) 대구지방법원 2019.03.14 2019가합200137
주식명의개서절차이행
Text

1. Of the Plaintiff’s lawsuit against Defendant B, the part of the claim for confirmation of the shareholder’s right of shares listed in attached Table 1 shall be dismissed.

Reasons

1. Of the lawsuit in this case, the lawsuit for confirmation of the legitimacy of the part concerning the claim for confirmation of the shareholder's right against Defendant B is recognized where it 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 thus, it is possible to file a lawsuit for confirmation of performance, despite the fact that the lawsuit for confirmation of performance is not a final solution of the dispute (see, e.g., Supreme Court Decision 2005Da60239, Mar. 9, 2006) and there is no benefit of confirmation (see, e.g., Supreme Court Decision 2005Da60239, Mar. 9, 2006). The plaintiff may file a transfer claim against Defendant C (hereinafter referred to as the "defendant company") by proving that it is the beneficial shareholder of the shares in this case. Thus, the receiving of a judgment against the defendant company cannot be

Therefore, the part of the Plaintiff’s claim for confirmation of shareholder rights against the Defendant Company is unlawful as there is no benefit of confirmation.

2. Determination as to the remaining claims

(a)the reasons for the claim are as shown in Appendix 2;

(b) Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. In conclusion, the part of the lawsuit in this case against the defendant company's claim for confirmation of shareholder's rights is dismissed as unlawful, and the remaining claims are accepted as reasonable, and it is so decided as per Disposition.

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