명의개서의 구속력과 주주명부의 면책력-주식의 양도, 이중양도를 중심으로 -

Currently, the Supreme Court has held that shareholders’ register binds the corporation itself. Such a change is expected to simplify rights and obligations of related persons surrounding entry of shareholders’ register. However, there are still lots of ambiguous points in connection with share transfer especially in the case of the double transfer. This paper reviews the boundary of such a binding force of shareholders’ register. It also includes the corporation’s exemption from its liability in treating the person listed in such registry as a shareholder. To overcome criticism against the court decision above, I try to convince that such a binding force is limited to the case where there is a claimant has his/her substantial right basis to ask the entrance. If there is no binding force of the registry, the exemption effect should be reviewed for stable operation of the corporation. Finally, I suggest double share transfer should be restricted given that application of theory of transfer of nominative claim results in two long time’s possibility of such a double transfer.