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(영문) 대전지방법원천안지원 2016.12.22 2016가단107321
주주권확인등
Text

1. Of the instant lawsuit, the part of the claim for confirmation of the shareholder rights against Defendant F Co., Ltd. is dismissed.

2. The plaintiffs and the plaintiffs.

Reasons

1. Basic facts

A. Defendant F Co., Ltd. (hereinafter “Defendant F”) is a company established on April 19, 190 in order to conduct the business of manufacturing flooring for food, etc., and Defendant G is its representative director.

B. The total number of shares issued by the Defendant Company is 110,000 shares (10,000 shares per share) and share certificates were not issued. Defendant G owned 100,430 shares and Plaintiff E owned 9,570 shares, respectively.

C. On December 30, 2015, Plaintiff E acquired the Defendant Company’s shares owned by Plaintiff E, Plaintiff A’s KRW 1,000, Plaintiff B’s KRW 1,100, Plaintiff C’s KRW 1,000, and Plaintiff D’s KRW 1,000, respectively. On January 19, 2016, Plaintiff E notified the Defendant Company of each of the above transfers by way of content-certified mail.

[Ground of recognition] The fact that there is no dispute, Gap 2 through 6, 11, each entry of Gap 2 through 6, and the purport of the whole pleadings

2. Determination:

A. Of the instant lawsuit, an ex officio determination on the legality of the part of the claim for confirmation of the shareholder’s right against the Defendant Company ought to have the benefit of confirmation as a requirement for protection of rights.

In this context, the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment of confirmation against the defendant in order to eliminate the anxiety, danger, and danger in the Plaintiff’s rights or legal status. Therefore, filing a lawsuit for confirmation despite the fact that it is possible to file a lawsuit for performance is not a final solution of a dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 2004Da36215 delivered on July 14, 2005, etc.). According to the case, the plaintiffs seek confirmation against the defendant company that the shareholders' rights of each plaintiff listed in the separate sheet are the plaintiffs as the lawsuit of this case, and they also seek a change of rights to the defendant company with such contents. Thus, the defendant is not the means for protecting the shareholders' rights asserted by the plaintiffs.

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