Text
1. The instant lawsuit shall be dismissed.
3. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserts that the defendant is liable to transfer the shares listed in the separate sheet to the plaintiff, since the plaintiff refused to request the return of the shares listed in the separate sheet in which the title trust was held to the defendant.
Before determining the merits, we examine the legitimacy of the instant lawsuit.
If a person who has entrusted a shareholder’s name terminates the title trust contract with the trustee, the shareholder’s right is immediately returned to the title truster, and does not require a new legal act to transfer shares (see Supreme Court Decision 92Da16386, Oct. 27, 1992). Thus, there is no benefit to seek a claim against the trustee of the shareholder’s name by filing a lawsuit to transfer the shares, and thus, the Plaintiff’s lawsuit of this case is unlawful and dismissed.