1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 27, 2015, the Plaintiff entered into a contract for the purchase and sale of shares 25,000 shares (the shares stated in the attached Form; hereinafter “instant shares”) owned by the Defendant brand Co., Ltd. (hereinafter “Co.”).

B. On January 18, 2017, the Defendant issued a decision on the provisional seizure of shares (this Court Decision 2017Kadan50054) with respect to the instant shares on January 18, 2017, and the original copy of the decision was served on the Defendant, who is the garnishee on January 24, 2017.

C. Article 13(1) of the Defendant’s Articles of incorporation provides that “The transfer of shares of this company [Defendant] shall be subject to the approval of the board of directors, and the transfer of shares without the approval of the board of directors shall not be effective against the company” (hereinafter “the instant provision on the restriction of transfer”).

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is a shareholder who acquired the instant shares in accordance with the Plaintiff’s share sales contract. Thus, the Defendant’s execution of the instant provisional seizure against the instant shares owned by the Plaintiff based on the claim against the brand Co., Ltd. shall not be allowed.

B. Defendant 1) The Plaintiff’s assertion did not obtain the approval of the Defendant’s board of directors regarding the transfer of the instant shares. Therefore, the Plaintiff cannot assert that the Defendant, the issuing company, is the shareholder of the instant shares. In addition, the Plaintiff did not receive a notice of the fixed date of transfer or consent regarding the transfer of the instant shares prior to the execution of the instant provisional attachment, and thus, the Plaintiff cannot oppose the Defendant, the provisional attachment authority, as the Defendant cannot be asserted.

3. Determination

(a) The company may, as prescribed by the articles of incorporation, be subject to the approval of the board of directors with respect to the transfer of shares to be issued, and such transfer of shares without the approval of the board of directors shall

. Commercial Act;