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(영문) 청주지방법원 2018.08.30 2018가단23858
주식명의개서절차이행 등 청구
Text

1. The plaintiff's lawsuits against the defendant B, C, D, and E are all dismissed.

2. Defendant F Co., Ltd. shall list the Plaintiff’s attached list.

Reasons

Attached Form

Each fact in the cause of the claim is without dispute between the Plaintiff and the Defendant B, C, D, and E, and Defendant F Co., Ltd., upon being duly summoned by service by public notice, did not appear on the date of pleading and submit a reply and other preparatory documents, and did not clearly dispute the Plaintiff’s allegation, and thus, it is deemed that the confession was made.

First, ex officio, whether the litigation against Defendant B, C, D, and E is legitimate, and if a person who has entrusted a shareholder’s title terminates the title trust agreement with the trustee, the right of the shareholder is returned to the title truster, and it does not require a new legal act for the purpose of transferring shares.

(See Supreme Court Decision 92Da16386 delivered on October 28, 1992, etc.). Accordingly, in a case where the Plaintiff terminated a share trust agreement with the said Defendants, it is not necessary to return to the Plaintiff the right of shareholders as to each share listed in the separate list, and in a separate procedure for claiming a transfer of ownership on the list of shareholders against Defendant F Co., Ltd., and thus, the Plaintiff’s claim against the said Defendants, the trustee, for seeking the transfer of each share, or for notifying the Defendant F Co., Ltd. that the said shares were transferred to the Plaintiff, there is no benefit in seeking the implementation thereof.

Therefore, the plaintiff's lawsuit against the above defendants is unlawful because there is no benefit of lawsuit.

[1] In the event that the above Defendants dispute the Plaintiff’s shareholder rights by claiming the validity of the termination of title trust, etc., the said Defendants may seek confirmation of shareholder rights against the said Defendants (see Supreme Court Decision 2011Da109078, Feb. 14, 2013). However, the said Defendants responded to the purport that the termination of title trust with respect to each of the above shares was recognized in the instant case, and there seems to be no benefit to seek such confirmation, and each of the shares listed in the separate sheet are indicated in the health account and the separate sheet.

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