1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The summary of the Plaintiff’s assertion is a person who actually operates C Co., Ltd. (hereinafter “Nonindicted Company”).

In around 2007, the Plaintiff agreed to invest funds in the non-party company, and the Defendant transferred 7,000 shares out of the total shares of the non-party company to the Plaintiff.

According to this agreement, the plaintiff invested funds in the non-party company, and the defendant is obligated to implement the transfer procedure on 7,000 shares issued by the non-party company to the plaintiff.

2. Judgment on the defendant's main defense

A. Although the Defendant did not have agreed to transfer the shares of the non-party company between the Plaintiff and the non-party company, the lawsuit of this case where the Plaintiff, the transferee of shares, seeks the implementation of the transfer procedure against the Defendant, who is the transferor of shares, is unlawful as there is no benefit of lawsuit.

B. Determination 1) Since a change of change in the register of shareholders is merely a requisite for a shareholder to exercise the shareholder's rights in relation to the company, the person who has lawfully acquired the company's shares becomes the shareholder regardless of whether the change is entered in the register of shareholders, and barring any special circumstance, it is sufficient to request a change in the register of shareholders against the company by independently proving the fact that the company acquired shares without obtaining cooperation from the transferor, etc., and in this case, it is not a benefit of lawsuit to directly seek the implementation of the transfer procedure against the person who has transferred the shares against the company without requesting a change in the register of shareholders or who is merely obligated to merely transfer the shares to the company (see, e.g., Supreme Court Decisions 92Da16386, Oct. 27, 1992; 94Da36421, May 23, 1995).