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1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On December 2007, the Plaintiff established an animation production and sales company called “C”. On December 18, 2008, the Plaintiff converted into a corporation on December 18, 2008 and established “C” (hereinafter “instant company”) and is currently the representative director of the instant company.
B. At present, the register of shareholders of the instant company stated that the Plaintiff holds 7,500 shares and 2,500 shares as shown in the [Attachment List] among the 10,000 shares of common shares issued by the instant company, among the total of 10,000 shares of 5,00 shares.
(hereinafter referred to as “instant shares”). 【The shares in the Defendant’s name” (based on recognition) is without dispute, entry of Gap’s 1 through 3, Gap’s 9-3, and Eul’s 2, and the purport of the whole pleadings.
2. Determination on the defense prior to the merits
A. The defendant has no interest in confirmation of the primary action of this case, for which the plaintiff seeks to confirm the status of a shareholder of this case.
On the plaintiff's assertion that the shares of this case are merely title trust to the defendant as seen in the following 3.3., since the defendant asserts that the actual owner of the shares of this case is himself, the plaintiff has a legal interest in seeking confirmation that the beneficial owner of the shares of this case, which are disputed by the lawsuit for confirmation of this case, is the plaintiff.
The defendant's defense prior to the merits is without merit.
B. In addition, the Defendant asserts that the modification of the claim should be denied on the ground that the addition of the conjunctive claim seeking the return of the instant shares due to the payment of share price as the Plaintiff’s claim and the application for modification of the cause as of June 9, 2017 is unlawful since it is not identical to the Plaintiff’s claim.
However, the above preliminary claim is a different method of resolution in a dispute over the same living facts or the same economic interest related to the shares of this case between the plaintiff and the defendant, and it is deemed that the basis of the claim was changed.