1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff asserts that the Defendants had title trust and terminated the shares listed in the separate list of D Co., Ltd. (hereinafter “instant shares”), and that the Plaintiff sought confirmation against the Defendants as to whether the shares were shareholders of the instant shares.

However, in a lawsuit for confirmation, there must be the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is in dispute between the parties regarding the legal relationship subject to it, and thereby, it is recognized that the judgment of confirmation is the most effective and appropriate means to eliminate the anxiety or risk when there is apprehension or risk of the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). Moreover, whether there is a benefit of confirmation in a lawsuit for confirmation of confirmation is an ex officio examination, and the court should make ex officio

(2) The Defendants and the Defendants concluded an agreement on the termination of title trust with the Defendants on December 31, 2017, which concluded with the Defendants to terminate the above title trust and to return the instant shares, on May 16, 2019 (see, e.g., Supreme Court Decision 2016Da240338, May 16, 201). The fact that the Plaintiff and the Defendants concluded an agreement on the termination of title trust with the Defendants on December 31, 2017 can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the items in the evidence No. 2-1 and No. 2-2. The fact that the Defendants

In full view of these circumstances, it cannot be deemed that there is a dispute between the Plaintiff and the Defendants as to whether the Plaintiff is a shareholder of the instant shares.

In addition, although the shares of this case were restored to the termination of title trust as asserted by the Plaintiff, even if the tax authority received a disposition of deemed acquisition tax from an oligopolistic shareholder, the said disposition shall be taken against the said disposition.