logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.22 2018가합28283
주주권확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff asserts that he is the shareholder holding 14,600 shares of the defendant, and asks the defendant to confirm his shareholder status accordingly.

A lawsuit for confirmation is recognized where it is recognized that obtaining a judgment of confirmation is the most effective and appropriate means to eliminate the uncertainty and risk of legal status, and a lawsuit for confirmation may be brought, despite the fact that it does not constitute a final solution of a dispute, and thus there is no benefit in confirmation, and a person who has acquired shares may independently request the company to change its title by proving the fact that he/she acquired shares by presenting the share certificates in possession, etc., except in extenuating circumstances.

(See Supreme Court Decision 2016Da240338 Decided May 16, 2019). Therefore, the Plaintiff may seek implementation of the transfer procedure by proving himself/herself as a shareholder against the Defendant, who is the issuer of the instant shares. As such, the Plaintiff’s seeking confirmation of shareholder rights against the Defendant is not an effective and appropriate means to remove the Plaintiffs’ rights or legal status, or is not a final method to resolve disputes, and thus there is no benefit of confirmation. The Defendant’s defense pointing this out has merit.

Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

arrow