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Reasons
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(영문) 전주지방법원 2014.01.17 2013가단14554
주식거래무효확인
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1. On May 26, 2009, between Defendant B and Defendant D, as to common shares 6,824 shares issued by Defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. On March 20, 2009, Defendant B Co., Ltd (hereinafter “Defendant Company”) purchased 3,411 shares of the said Company’s ordinary shares from E, a shareholder of the said Company, from F, the said Company’s funds, 6,824 shares of the said Company, 3,422 shares of the said Company from G, and 1,706 shares of the said Company from H on March 23, 2009.

(hereinafter the Defendant Company’s purchase of each of the above shares (hereinafter “Purchase”) B.

Defendant Company: (a) sold 6824 shares of 15,363 shares so purchased on May 26, 2009 to Defendant D in KRW 160 million; (b) sold the remaining 8539 shares to Defendant C in KRW 185 million on May 28, 2009.

(hereinafter referred to as the “sale of shares” of the Defendant Company

On November 16, 2009, the Plaintiff acquired 10,236 common shares of Defendant Company.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 4 (including paper numbers), the purport of the whole pleadings

2. The Defendants’ determination as to the defense of safety at issue did not have the status of shareholder at the time of sale of the instant shares. As such, the Plaintiff merely has an interest in the Defendant Company’s property disposal, but cannot be deemed to have a specific or legal interest. Thus, the Defendant’s lawsuit of confirmation at issue is not a party’s standing.

On the other hand, the shareholder has a de facto or indirect interest in the disposal of the company's general property, and therefore the shareholder is not entitled to dispute the validity of the disposal act. However, even though the company's disposal of its own shares causes a significant impact on the shareholder's status, it cannot be expected that the company will dispute it, and otherwise there is no other remedy for preserving the shareholder's status, the shareholder also has a direct and specific legal interest in the disposal act.

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