1. The plaintiff's claim is dismissed.

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

1. Determination on the cause of the claim

A. The Plaintiff asserted that the shares listed in the separate sheet among the shares issued by the Defendant (hereinafter “instant shares”) are issued and kept by the Defendant. C, who owned the instant shares, transferred the instant shares to D and notified the Defendant of the transfer. Since D transferred the instant shares to the Plaintiff, the Plaintiff asserted that it is the owner who acquired the instant shares, and sought implementation of the procedure for transferring the instant shares and for transferring the ownership of the instant shares against the Defendant.

B. (1) The issuance of share certificates becomes effective after the issuance of share certificates (Article 336(1) of the Commercial Act). In such a case, the issuance of share certificates is the effective requirements of share transfer, along with the declaration of intention between the parties to the transfer of shares.

(see, e.g., Supreme Court Decision 2011Da62076, 62083, Feb. 9, 2012). The issuance of share certificates can be made by means of simple delivery, alteration of possession, and transfer of right to request a return, in addition to the actual delivery.

(2) The Defendant’s shares (see, e.g., Supreme Court Decision 2014Da221258, 221258, 221265, Dec. 24, 2014). (2) The Defendant’s shares are total of 82,00 shares and the shares are issued. C, the shareholder of the Defendant’s shareholder registry, entered into a contract with D to transfer the instant shares to D on August 3, 2016, and subsequent D, entered into a contract to transfer the instant shares with the Plaintiff on the same day, may be acknowledged either as a dispute between the parties, or as a whole, by taking account of the overall purport of the pleadings in each of the entries in the evidence Nos. 2, 3, 5, and 2.

However, in order to acquire the shares issued by the Plaintiff, the share certificates of this case must be issued.

However, as alleged by the Plaintiff, there is no evidence to prove that the Defendant maintained the share certificates of this case, and thus, the Plaintiff was issued the share certificates of this case by transfer of the claim for refund of share certificates against the Defendant.