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(영문) 청주지방법원 2014.11.06 2014가합25716
주주권확인등 청구의소
Text

1. All part of the plaintiffs' lawsuits against Defendant F and the plaintiffs' claims for confirmation of shareholders' rights against Defendant D.

Reasons

1. The plaintiffs' respective claims against defendant F and the plaintiffs' claims for confirmation against defendant D

A. We examine ex officio the Plaintiffs’ respective claims against Defendant F and the Plaintiffs’ claim for confirmation against Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. The Plaintiffs asserted that Defendant F acquired shares from Defendant F without permission, and sought confirmation of the existence of the Plaintiffs’ shareholder rights and the existence of Defendant F’s shareholder rights.

However, even according to the statement No. 10, Defendant F is not recorded in the register of shareholders of the Defendant Company, and if the Plaintiffs confirmed the existence of their shareholders' rights with respect to the above Defendant F or denied their shareholders' rights, it does not assert and prove any special circumstance that the plaintiffs' legal status might be resolved by eliminating the uncertainty of their legal status. Defendant F also does not dispute the status of the Defendants F as its current shareholders rather than the Defendant Company.

Therefore, since the plaintiffs cannot be deemed to have a benefit to seek confirmation of the existence and non-existence of shareholders' rights against the defendant F, this part of the lawsuit is unlawful.

C. A lawsuit for confirmation of the part of the Defendant Company is recognized in cases where the confirmation judgment is the most effective and appropriate means in removing the Plaintiff’s legal status at the time of unstable risk, and thus, the lawsuit for confirmation is not the final solution of the dispute, and thus there is no interest in confirmation, notwithstanding the fact that filing a lawsuit for confirmation is not the final solution of the dispute.

(See Supreme Court Decision 2005Da60239 Decided March 9, 2006, etc.). In the instant case, the Plaintiffs seek confirmation of the Plaintiffs’ shareholder rights against the Defendant E who denies the Plaintiffs’ shareholder rights and filed a lawsuit against the Defendant Company seeking the implementation of the transfer procedure pursuant to said request, and thus, the Plaintiffs are sufficient.

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