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(영문) 수원지방법원 2019.02.12 2017가단517901
주주권확인청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff asserts that the defendant, who was the actual owner of the shares stated in the purport of the claim, denied the plaintiff's ownership (the plaintiff is merely the title trustee and the actual owner is the non-party D). Thus, the plaintiff filed the lawsuit of this case against the defendant in order to verify whether the above shares are owned by the plaintiff.

A lawsuit for confirmation is exceptionally allowed only when the plaintiff's right or legal status is currently unstable, dangerous, and the case is the most effective and appropriate means to resolve the dispute.

As seen in the purport of the Plaintiff’s claim and the separate sheet, it appears that the shareholder sought confirmation of 10,080 shares of C Co., Ltd. (hereinafter “Nonindicted Company”) whose nominal owner is the Plaintiff on the register of shareholders, as stated in the purport of the claim and the separate sheet.

As long as the nominal owner on the register of shareholders is the plaintiff, the plaintiff is deemed to own the shares in relation to the non-party company, and the non-party company is recognized to have no legal uncertainty or dispute that impedes the plaintiff in exercising shareholders' rights because it cannot deny the plaintiff's ownership.

Rather, if the Defendant seeks to dispute this, it is only necessary to take legal procedures, such as requesting a transfer of ownership against the non-party company. If the Plaintiff’s claim for the shares held in the name of the non-party E rather than being registered in its own name, even if it is a claim for the shares held in the name of the non-party E, the Plaintiff was ruled to the effect that the above shares are owned by the Plaintiff against the non-party company, and thus, it is not confirmed that the Plaintiff owned the above shares in the relationship with the non-party company. Therefore, when the Plaintiff exercises the right

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