1. The instant lawsuit shall be dismissed.

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

We examine the legitimacy of the plaintiff's lawsuit ex officio.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is disputed between the parties as to the legal relationship subject thereto, and accordingly, it is recognized in a case where receiving a judgment of confirmation is the most effective and appropriate means to eliminate the instability or risk when there is apprehension or risk of the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). The Plaintiff asserts that, although the Plaintiff did not have taken over the shares listed in the separate sheet (hereinafter “instant shares”), the Defendant’s representative director C transferred the said shares to the Plaintiff, and the Plaintiff asserted that the Plaintiff is a current shareholder of the said shares, the Plaintiff filed the instant lawsuit to confirm whether the Plaintiff is a

However, in this case where the plaintiff is recognized as a shareholder of the above shares only because the purpose of the lawsuit in this case is to confirm factual relations, and it does not constitute a legal interest, and there is no reason for the plaintiff to obtain judgment by filing a lawsuit for confirmation of non-existence thereof. Furthermore, if the incidental purpose of the lawsuit in this case is to prove that the plaintiff was obtained by deception from the defendant's representative director, it can eliminate specific anxiety and danger through direct means, such as filing a criminal complaint against the defendant or the defendant representative director or filing a lawsuit for compensation for damages or claiming return of unjust enrichment, it is difficult to view that the plaintiff seeking confirmation of non-existence of shareholder's right with respect to the shares in this case as the most effective and appropriate means to eliminate anxiety and risk about the plaintiff's rights or legal status.

Therefore, the plaintiff's lawsuit of this case is unlawful since there is no benefit of confirmation.