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(영문) 대법원 2015.06.24 2014다81177
명의개서
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. As to the grounds of appeal related to the clarity of the text of judgment, the text of the judgment must be simple and clear, and the contents of the judgment itself can be specified, but it is not necessary to clarify all the relation as the text of judgment itself, but it should be clearly specified to what extent the text of the judgment does not admit and reject the party's claims, and it should be clearly stated to the extent that it can be written in comparison with the grounds therefor and its execution without doubt.

(2) The decision of the court below on June 30, 1995 (see, e.g., Supreme Court Decision 94Da55118, Jun. 30, 1995). The decision of the court below is based on the following: "The defendant executes a transfer procedure to the plaintiff that designates the plaintiff as a shareholder with respect to shares of 10,000 common shares which are common shares of 10,000 common shares in the register of shareholders; and the order of the court below alone is not enough to find out who is the shares subject to a transfer; however, the decision of the court below does not recognize that 1,000 shares out of shares in B are subject to a transfer of entry. Thus, it cannot be deemed that the indication of the order

B. As to the grounds of appeal related to this safety defense, the standing to be a party in a lawsuit is a person who asserts his/her right to claim performance, which is a subject matter of lawsuit, and whether there is a right to claim performance or not is a matter to be proved through

(See Supreme Court Decision 2003Da44387, 44394 delivered on October 7, 2005, etc.). The lower court determined as follows: (a) the Defendant’s defense to the effect that “as the Defendant exercised his right to make a prior settlement of the transfer of shares with respect to the instant shares, the Plaintiff did not have a title to file a claim against the Defendant for the transfer of shares; and (b) the instant transfer of shares is unlawful.”

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