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(영문) 서울동부지방법원 2017.06.21 2016가단29891
주식명의개서절차이행 청구의 소
Text

1. The part concerning the claim for confirmation of shareholder's rights in the lawsuit of this case shall be dismissed.

2. The defendant shall enter the annexed list in the register of shareholders.

Reasons

1. The Plaintiffs asserted that the part concerning the claim for confirmation of shareholders’ rights against the Defendant was lawful as the cause of the instant claim, and that the shares listed in the [Attachment List] were inherited as indicated in the [Attachment List] was sought from the Defendant who issued the shares indicated in the [Attachment List] to verify whether the shares were owned by the Plaintiffs.

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 this case, in order for the plaintiffs to exercise their rights as shareholders on the premise that they are owners of shares listed in the separate sheet, seeking implementation of the transfer procedure by asserting that the actual owners of shares listed in the separate sheet are the plaintiffs is the most appropriate means. In fact, the plaintiffs seek implementation of the transfer procedure against the defendant as to the shares listed in the separate sheet by the lawsuit of this case.

Therefore, it is unlawful to seek confirmation of shareholders' rights of the shares listed in the separate sheet against the defendant, as there is no benefit of confirmation.

2. Requests to the defendant for the transfer of shares;

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

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

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