1. The part of the Plaintiff’s lawsuit against Defendant C, which requested confirmation, shall be dismissed.

2. The Plaintiff and the Defendant B:

1. Basic facts

A. Defendant B is registered as a shareholder of 25,000 common shares out of 100,000 shares issued by the Defendant Company in the shareholder registry of Defendant C Co., Ltd. (hereinafter “Defendant Company”).

B. The instant shares were paid by the Plaintiff to the Plaintiff, but only the name of the shareholder on the shareholder registry pursuant to the title trust agreement with Defendant B was left in the future of Defendant B.

C. The Plaintiff terminated the title trust agreement on the instant shares with the service of the instant complaint, and the said warden served the Defendants on July 23, 2018.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1-3 evidence (including virtual number), and the purport of the whole pleading

2. The plaintiff's judgment on the part of the claim for confirmation in the lawsuit against the defendant company requires the benefit of confirmation as a requirement for protection of rights in the lawsuit for confirmation, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the plaintiff's rights or legal status, and thus, filing a lawsuit for confirmation despite the fact that it is possible to file a lawsuit for performance is not a final solution of the dispute, and there is no benefit of confirmation (see, e.g., Supreme Court Decision 2004Da36215, Jul. 14, 2005). The plaintiff can file a transfer claim against the defendant company by asserting that he is the shareholder of the shares in this case. Thus, the confirmation judgment against the defendant company cannot be deemed the most effective means to eliminate unstable or risk existing in the rights or legal status asserted by the plaintiff.

In addition, as long as the Plaintiff asks the Defendant Company to implement the transfer procedure on the premise that it is the shareholder of the instant shares, it is separate from the Defendant Company.