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(영문) 서울남부지방법원 2016.07.01 2015가합104467
주주권 확인의 소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. The plaintiffs are 120,00 shares among the shares issued by the plaintiff Eul Co., Ltd. (hereinafter "the plaintiff Co., Ltd."), 60,00 shares of the plaintiff Co., Ltd., and 30,00 shares of the plaintiff Co., Ltd., and the plaintiff Co., Ltd. are shareholders of these 30,00 shares. In order for the plaintiffs to request the convocation of a provisional shareholders' meeting against the non-party company, the plaintiffs must confirm their shareholders' rights, and therefore, the lawsuit of this case requires the confirmation of shareholders' rights,

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is in dispute between the parties as to the legal relationship subject to it, and therefore, it is recognized that obtaining a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk when there is apprehension or risk of the Plaintiff’s rights or legal status (see Supreme Court Decision 2014Da218511, Dec. 11, 2014). Even if the Plaintiffs are confirmed against the Defendant that each of the above shares is the Plaintiffs, the effect of the judgment does not extend to the non-party company that issued the shares. Thus, even if it is necessary to confirm the status of the Plaintiffs for the same reason as alleged in the Plaintiffs, the Plaintiffs’ lawsuit cannot be a valid and appropriate means to eliminate anxiety about the legal status of the Plaintiffs, and thus there is no benefit of confirmation

2. In conclusion, the plaintiffs' lawsuits are unlawful and dismissed in its entirety. It is so decided as per Disposition.

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