1. Of the instant lawsuit, the part concerning the Defendants’ claim for confirmation of non-existence of membership is dismissed.

2...

1. Basic facts

A. On August 2015, the Plaintiff purchased all equity shares of the FF farming association (trade name before the change: G farming association; hereinafter “instant farming association”) from H, which owned 100% of the equity shares of the said farming association. The equity shares listed in paragraph (1) of the attached Table among the above equity shares were held by Defendant B, Defendant C, and Defendant C, and the equity shares listed in paragraph (3) of the attached Table in paragraph (4) of the attached Table were held in title to Defendant D, and the equity shares listed in paragraph (4) of the attached Table were held in title to Defendant E, respectively.

(hereinafter “each of the instant equity shares”). (b)

The Plaintiff, against the Defendants, expressed an intent to terminate the title trust agreement with respect to each of the instant equity shares, reached to Defendant E on October 18, 2019, Defendant D on November 15, 2019, Defendant B on December 12, 2019, and Defendant C on December 24, 2019, respectively.

C. The Defendants did not return each of the instant shares to the Plaintiff until now.

[Ground of recognition] Defendant B and C: A without dispute, each entry in Gap evidence Nos. 1 through 4, the purport of the whole pleadings, as to Defendant D and E: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. We examine whether the part concerning the claim for confirmation of non-existence of membership in the lawsuit of this case is legitimate ex officio in determining whether the non-existence of membership in the lawsuit of this case is legitimate.

The Plaintiff returned to the Plaintiff due to the Plaintiff’s declaration of intent to terminate the title trust, and thus, the Defendants sought confirmation that the ownership of each of the instant equity shares is not the owner of each of the instant equity shares, but the membership of the agricultural partnership.

A lawsuit for confirmation is allowed only when there is apprehension and danger existing in the rights or legal status and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute.