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(영문) 수원지방법원 2018.12.13 2018나55913
명의개서절차이행의 소
Text

1. The plaintiff's extension of claim shall be dismissed in the trial of the court.

As seen below, the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 28, 2010, the Defendant transferred the ownership of 8,000 common shares (hereinafter “instant shares”) issued by the Defendant to C, with the face value of 5,000 common shares (hereinafter “instant shares”), and issued a certificate of stock custody (Evidence A No. 4) to C.

B. On February 1, 2011, C concluded a share transfer agreement with the Plaintiff to transfer the instant shares owned by it.

C. On November 2017, C concluded a contract between the Plaintiff and the Defendant to transfer the right to claim a delivery of share certificates with respect to the instant shares kept by the Defendant, and at that time notified the Defendant of the transfer of the right to claim a delivery of share certificates.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 and 3 (including each number for additional evidence), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Defendant’s assertion that the Plaintiff claimed against the Defendant the implementation of the transfer procedure of the instant shares and the delivery of the share certificates regarding the said shares, and sought confirmation of his shareholder status, confirmation of the existence of his shareholder status, confirmation of invalidity of the entry in the Defendant’s shareholder registry, and the existence of D’s abandonment.

B. First, we examine the legitimacy of the Plaintiff’s claim for confirmation of shareholder status among the Plaintiff’s lawsuits against the Defendant.

A lawsuit for confirmation of confirmation is recognized in cases where it is the most effective and appropriate means to eliminate the Plaintiff’s legal status’s uncertainty and risk. Therefore, filing a lawsuit for confirmation despite the fact that it is possible to bring a lawsuit for performance does not constitute a final solution of a dispute, and thus there is no benefit of confirmation.

However, the Plaintiff may claim the transfer of ownership to the Defendant by asserting and proving that it is the shareholder of the instant shares. As such, obtaining a confirmation judgment against the Defendant is the most effective and appropriate means to eliminate the anxiety and danger existing in the rights or legal status asserted by the Plaintiff.

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