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(영문) 서울고등법원 2017.04.14 2017나2004865
주주권확인, 주권인도 및 명의개서절차이행
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The Plaintiff’s total costs of the lawsuit after the appeal are filed.

Reasons

1. Scope of trial of the political party after remand;

A. The Plaintiff filed the instant lawsuit against the Defendants, as stated in the purport of the claim, claiming the confirmation of shareholder rights, the delivery of share certificates, and the transfer of ownership. The first instance court dismissed all of the Plaintiff’s claims.

Accordingly, the plaintiff appealed against the judgment of the first instance.

B. Before the remand, the court prior to the remand dismissed the Plaintiff’s appeal as to (1) the share certificates request and the part on the transfer of entry request. (2) The part on the Plaintiff’s claim for confirmation of shareholder rights in the judgment of the court of first instance, which was dismissed by the next time, was revoked, and the judgment dismissing each of the Plaintiff’s respective shares shareholders listed in the column for the purport of appeal in the attached Table No. B against the Defendants in the judgment

The Plaintiff appealed against the judgment before remand.

C. The Supreme Court accepted the request for delivery of share certificates and the appeal on the part of the request for change of entry, reversed the judgment before remanding the above part, and remanded it to this court, and dismissed the appeal on the claim for confirmation of shareholder rights.

Therefore, the part concerning the plaintiff's claim for confirmation of shareholder's rights in the judgment before remand was separated and finalized, and the scope of the trial after remand is limited to the plaintiff's claim for confirmation of shareholder's rights and the transfer claim.

2. Determination as to the Defendants’ legitimacy of the main safety defense and appeal

A. The Defendants’ determination as to the Defendant’s defense on this issue asserts that the Plaintiff withdrawn the Plaintiff’s claim for delivery of share certificates and the transfer of title in the claim and the application form for modification of the cause of the claim as of April 5, 2016, and that the Defendant consented to withdrawal of the lawsuit on April 8, 2016, which constitutes withdrawal of the lawsuit after the final judgment on the merits was rendered, and thus, the Plaintiff cannot file a claim for the delivery of share certificates and the transfer of title against the Defendants. Accordingly, the Plaintiff’s lawsuit seeking for this

The plaintiff was on April 5, 2016.

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