1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a corporation established on June 19, 2002 for the purpose of developing semiconductor equipment and industrialization.

B. At the time of establishment of D, E, a representative director, E, 15,600 shares, the Defendant, a director, F, 15,000 shares, the auditor G, H 1,800 shares, I 1,80 shares, 1,800 shares, and J 1,80 shares.

(hereinafter) 15,00 shares listed in the register of shareholders in the name of the Defendant (hereinafter “instant shares”). [Grounds for recognition] The fact that there is no dispute, entry in the evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff invested funds necessary for the establishment of the company at the time of establishment of D around June 19, 2002, and received the instant shares equivalent to the said investment amount from D. The Plaintiff entered into a title trust agreement with the Defendant and entered in the register of shareholders in the name of the Defendant.

The Plaintiff terminated the title trust agreement on the shares of this case with the service of a duplicate of the complaint of this case.

Therefore, the Plaintiff seeks confirmation as to the Plaintiff that the shareholders’ right of the instant shares was established against the Defendant.

3. We examine the legitimacy of the instant lawsuit ex officio.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the defendant to eliminate the risks of the plaintiff's rights or legal status and the apprehensions (see, e.g., Supreme Court Decision 2014Da45140, Jul. 23, 2015). In light of the above legal principles, the entire purport of the pleadings in respect of this case, namely, health class, No. 4 and No. 5 of evidence No. 5, as to this case, the defendant transferred 8,000 shares out of the shares of this case to E, and the remaining 7,000 shares out of the shares of this case to K, and is not registered as a shareholder at the current D's register of shareholders.

Therefore, it is not registered as a shareholder of the shareholder registry.