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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. C is a limited liability company established on January 19, 2012. At the time of its incorporation, employees held three total accounts (the Defendant, E, and F), three thousand units for the Defendant, three thousand units for E, and one thousand units for E, respectively.
B. On August 1, 2012, the Plaintiff was certified as the representative of Defendant, E, and G, and C’s general meeting minutes on July 30, 2012.
(No. 1752) No. 1752. (C.) No. 2010,000 certified public.
On August 2, 2012, the certified transcript of corporate register of C was registered as the plaintiff's representative director on July 30, 2012.
Around that time, the name of the instant shares was changed from the Defendant to the Plaintiff.
C transferred to the Defendant KRW 32,00,000 on September 21, 2012, KRW 32,000,000 on October 25, 2012, and KRW 36,00,000 on November 25, 2012, and KRW 5,770,00 on December 24, 2012.
E. Article 7 of the C Articles of Incorporation provides that “Any member may transfer all or part of his share to another person upon a special resolution of the general meeting of members pursuant to Article 585 of the Commercial Act.”
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Gap evidence 5-2 to 4, each entry of Eul evidence 1 to 3, and the purport of whole pleadings
2. As to whether there is a benefit of confirmation as to the primary claim among the lawsuits in this case, the lawsuit seeking confirmation as to whether there is a benefit of confirmation as to the primary claim shall not be deemed as seeking confirmation as to the absence or invalidity of the existing legal relationship, which is a previous legal act, on the ground that the contract does not exist or is null and void (see, e.g., Supreme Court Decision 86Meu2675, Jul. 7, 1987). Accordingly, the lawsuit of this case seeking confirmation as to the primary claim between the defendant is a benefit of confirmation, under the premise that the ownership transfer contract between the defendant is null and void.