The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiff's total costs of litigation.

Judgment ex officio is made.

1. A lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but can be subject to the legal relationship between either party and a third party or between third parties. However, in order to have the interest to confirm the legal relationship, there is a danger proposal existing in the rights or legal status of the claimant according to the legal relationship. In order to eliminate the risk problem, it is necessary to immediately confirm the legal relationship by the confirmation judgment aimed at confirming the legal relationship, and it is necessary to be the most effective and appropriate method (see, e.g., Supreme Court Decision 94Da10238, Jun. 14, 1996). The shareholder of a corporation has the interest in the company as the owner of the stocks. However, the company's property relation only has a specific and abstract interest in the company, and it can only affect the company's business through a resolution of the general meeting of shareholders without directly participating in the company's management or by the shareholder's supervisory authority. Thus, the shareholder can not directly intervene in the company's business relationship with the representative litigation and the third party.

(see, e.g., Supreme Court Decisions 78Da1117, Feb. 13, 1979; 2000Ma7839, Feb. 28, 2001). Such a legal doctrine is not different in cases where a company entered into a contract for selling its own stocks.

(2) On October 28, 2010, according to the reasoning of the lower judgment and the record, the Plaintiff, a shareholder of the Defendant B Co., Ltd. (hereinafter “Defendant Company”), is the Defendant Company.