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(영문) 광주지방법원순천지원 2015.02.13 2014가단13055
주주지위확인 등
Text

1. The part concerning the claim for confirmation of shareholder's rights in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. The register of shareholders prepared by the Defendant around 201 by the Defendant, a company established for the purpose of selling basic fact-finding energy, is registered as shareholders of 1,900 common shares issued by the Defendant, and C as shareholders of 350 common shares.

However, in the register of shareholders prepared by the Defendant around 2012, a third party is registered as a shareholder, along with the statement that B and C transfer the aggregate of the above shares to a third party (hereinafter “instant shares”).

【Reasons for Recognition】 Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion asserts that on April 19, 2012, the Plaintiff acquired the shares of this case from D who held title trust with B and C, and that: (a) the Plaintiff sought confirmation of the status of the shareholder right holder of the said shares (the claim for confirmation of shareholder right); (b) the Defendant also sought implementation of the transfer procedure by changing the name of the shareholder as to the said shares on the shareholder registry to the Plaintiff

3. On the part of the claim for confirmation of shareholder's rights in the instant lawsuit, we examine whether the part of claim for confirmation of shareholder's rights in the instant lawsuit is lawful.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the defendant in order to eliminate the Plaintiff’s rights or legal status in danger, apprehension and danger. Thus, filing a lawsuit for confirmation even though it is possible to file a lawsuit for performance, there is no benefit of confirmation because it is not a final solution of a dispute.

(2) In light of the above legal principles, the Plaintiff is entitled to claim a change of entry in the register of shareholders to the Defendant by asserting and proving that the Plaintiff is a shareholder of the instant shares. As such, the Plaintiff is entitled to claim a change of entry in the register of shareholders. Furthermore, the Plaintiff’s lawsuit in the instant case, thereby implementing the said change of entry procedure.

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