logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원논산지원 2015.01.28 2014가합581
주주지위 부존재확인
Text

1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Whether the lawsuit of this case is legitimate

A. A. Around October 31, 2000, the current representative of the defendant's assertion that the inside director F, who is the representative of the defendant, acquired all the defendant's shares (ordinary shares of KRW 30,000, per share value of KRW 10,000), and registered each of the above plaintiffs as shareholders by stealing the names of the plaintiff A, B, and C, who are family members and relatives.

After September 30, 2012, F made a false statement on the share transfer contract with the content that the shares of the defendant owned by each of the above plaintiffs were transferred to plaintiff D and reported to the tax office, the competent tax office.

Accordingly, I want to impose tax on the plaintiffs. Accordingly, I want to confirm that the plaintiffs are not in the shareholder status of the defendant as the lawsuit in this case.

B. We examine ex officio the legality of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation shall be recognized only when it is the most effective and appropriate means to remove the Plaintiff’s right or legal status unstable and danger existing in the Plaintiff’s legal status (see Supreme Court Decision 2006Da68650, 68667, Feb. 9, 2007). In this case, the Defendant does not dispute the facts that the Plaintiffs are not the Defendant’s shareholders. Even if the Plaintiff was awarded a favorable judgment against the Defendant, as stated in the purport of the claim against the Defendant, the judgment has a relative effect only on the part of the Plaintiffs and the Defendant, and thus, it cannot be affected by preventing or removing the effect of the taxation by the Plaintiffs. Thus, it cannot be deemed the most effective and appropriate means to eliminate the Plaintiffs’ existing apprehension and risk in the legal status of the Plaintiffs related

Therefore, the plaintiffs' lawsuit of this case has no interest in confirmation.

2. The instant lawsuit is dismissed as unlawful.

arrow