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(영문) 서울중앙지방법원 2016.05.19 2016가합512991
주식명의개서절차이행청구
Text

1. The part of the claim for confirmation of the shareholder's rights among the lawsuit against Defendant ShovabageS Co., Ltd. shall be dismissed;

2. The plaintiff.

Reasons

1. The Plaintiff asserts that, as the cause of the instant claim, the Plaintiff, as to the claim for the confirmation of the shareholder’s right against the Defendant Bohovah's License Co., Ltd. (hereinafter “Defendant Shovah's License”), purchased the shares listed in the separate sheet (hereinafter “instant shares”) from the Defendant Shovah Korea Co., Ltd. (hereinafter “Defendant Shovah Korea”), and paid the price in full, thereby practically owning them. The Plaintiff sought confirmation as to whether the instant shares were owned by the Plaintiff against Defendant Shovah's License who issued the instant shares.

A lawsuit for confirmation is recognized in cases where it is the most effective and appropriate means to remove the plaintiff's legal status's uncertainty and risk.

However, as in the instant case, in order to exercise rights as a shareholder on the premise that the Plaintiff is the owner of the instant shares, it would be the most effective means to seek implementation of the transfer procedure by asserting that the actual owner of the instant shares is the Plaintiff.

In fact, the Plaintiff is seeking the implementation of the transfer procedure of the shares of this case against the Defendant ShovabageS as the instant lawsuit.

Therefore, it is unlawful to separately seek confirmation of shareholders' rights of the shares of this case against the above defendant UBS, as there is no benefit of confirmation.

2. The part of the claim for confirmation of the shareholder's rights against Defendant Uinbya Korea and the claim for the performance of the transfer procedure against Defendant Uinbya Korea

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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