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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 7, 2012, the Plaintiff purchased the instant shares from Nonparty B, NexNE Co., Ltd. (hereinafter “Nex”) from Nonparty B.
In this regard, B notified the non-party company of the transfer by a certificate with a certified fixed date, or obtained the consent of the non-party company.
B. On October 12, 2017, the Defendant filed an application for the seizure of shares against Nonparty B based on an executory exemplification of the judgment with 2013j15016, with respect to Nonparty B, and was served on Nonparty Company on October 12, 2017.
C. On October 24, 2017, Nonparty Company submitted to this court a written demand notice stating that “B owns 40,000 shares of Nonparty Company.”
The shares of this case were not issued.
[Ground of recognition] Evidence Nos. 1 to 3, Eul evidence No. 1, and all purport of the pleading
2. Issues;
A. The issue of this case is whether the above seizure order was invalid after the transfer of shares, when the plaintiff was issued a seizure order on the shares of this case after the purchase of the shares of this case from Nonparty B.
B. Since there is no external appearance presumed to be a legitimate owner unlike the possessor of the share certificate with respect to the shares before the issuance of the share certificate (see Article 336(2) of the Commercial Act), in order to oppose a third party, notification of transfer or approval of the company with a certificate with a fixed date identical to the transfer of nominative claim under the Civil Act
(Supreme Court Decision 201Da38780 Decided November 29, 2012, and Supreme Court Decision 2005Da45537 Decided September 14, 2006.
The plaintiff asserts that the requirement for the transfer of nominative claim to oppose a third party cannot be applied to the transfer of nominative claim before the issuance of share certificates for the following reasons.
However, for this reason, the requirement for the assignment of nominative claim in order to oppose the third party with respect to the transfer of shares before the issuance of share certificates.