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1. The part against Defendant B among the instant lawsuit is dismissed.
2.(a)
D Ordinary shares Co., Ltd. between Defendant A and C.
Reasons
1. Whether the part against Defendant B among the instant lawsuit is lawful
A. The Plaintiff’s content of the Plaintiff’s claim holds approximately KRW 200,420,956 claims for reimbursement against C.
C owned 5,00 shares, which are 50% of the unlisted shares of D Co., Ltd. (hereinafter “D”) by the beginning of September 2015. However, around July 8, 2015, upon entering into a stock transfer agreement with Defendant B to transfer 2,500 shares, and the said shares were transferred to Defendant B by way of title trust.
Defendant B terminated the above title trust agreement (hereinafter “instant title trust agreement”) while withdrawing D, and accordingly, the shareholder’s right to the said shares was returned to C as a truster.
The Plaintiff, a creditor against C, sought confirmation on the termination of the instant title trust agreement in order to resolve the legal instability to the right holder of the said shares.
B. In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective means to obtain a judgment against the defendant to eliminate such apprehension and danger, and thus, the defendant of the lawsuit for confirmation must dispute the plaintiff's rights or legal relations with the defendant to cause apprehension and danger in the plaintiff's legal status. The defendant of the lawsuit for confirmation has a benefit of confirmation against such defendant.
With respect to the instant case, the Plaintiff, as a health team, sought confirmation against C as to whether he/she is a right holder of the said shares, or seeking implementation of the procedure for transferring shares against D with respect to the transfer of shares, appears to be the most effective and appropriate means to eliminate legal uncertainty, and sought confirmation of the termination of the title trust agreement against Defendant B, cannot
Therefore, there is no benefit of confirmation among the lawsuit of this case against Defendant B.