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1. Of the Plaintiff’s lawsuit against Defendant B, the part demanding confirmation of shareholder status and the lawsuit against Defendant C.
Reasons
1. Determination as to the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).
A. 1) Determination on the claim for the performance of transfer procedure 1) The Plaintiff indicated the claim as indicated in the separate sheet from D and Defendant C (hereinafter “instant shares”) on November 19, 2009.
Therefore, the Defendant Company is obligated to implement the transfer procedure to change the name of the shareholder on the shareholder registry with respect to the instant shares to the Plaintiff. 2) The judgment by deeming a confession of applicable provisions of law (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
B. We examine the legitimacy of this part of the lawsuit ex officio determination on the legitimacy of the part of the claim for confirmation of shareholder status.
A lawsuit for confirmation is recognized in cases where it is the most effective means to obtain a confirmation judgment against the defendant in order to eliminate the plaintiff's rights or legal status in danger, and its apprehension and danger.
Therefore, even though a lawsuit for performance can be filed, it 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). We examine the instant case in light of the aforementioned legal doctrine.
As seen earlier, the Plaintiff may claim against the Defendant Company for the implementation of the transfer procedure on the register of shareholders by asserting and proving that he is the shareholder of the instant shares.
Therefore, the Plaintiff’s seeking confirmation of the shareholder status of the instant shares against the Defendant Company cannot be deemed the most effective means to eliminate the Plaintiff’s rights or legal status in danger and danger.
Therefore, this part of the lawsuit is unlawful because there is no benefit of confirmation.
2. Determination as to the claim against Defendant C
A. This part of the lawsuit is lawful ex officio with respect to the legitimacy of the claim against the shares listed in the separate sheet No. 1.