명의개서 및 주주권 확인 등 청구의 소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain in this decision are used in part of the reasoning of the judgment of the court of first instance as follows. In addition to the addition of the judgment of the plaintiff to "paragraph 3", the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
(a) No. 7 of the judgment of the first instance court "the establishment of a pledge of rights" shall be followed by the following parts:
【In order to establish a pledge right, an agreement on the pledge right between a creditor and a pledger (debtor, etc.) should be reached, and as to the fact that there was an agreement on the pledge right, the party asserting such agreement shall bear the burden of proof (see Supreme Court Decision 63Da710, May 5, 1964). In addition, the establishment of a pledge right shall be deemed to have the burden of proof.
B. Article 10 of the 7th trial decision of the court of first instance provides, “However, the part concerning the shares of this case among the contracts of this case shall be deemed to be “the part concerning the shares of this case among the contracts of this case, even if the evidence submitted by the plaintiff to the trial, including the written evidence Nos. 18 through 27 (including the serial number) and the circumstances of its assertion, are considered.”
(c) eliminate the 7th sentence of the first instance court from 20 to 8th sentence.
The third part of the 11th decision of the court of the first instance shall be followed by the following parts:
On the other hand, for the formation of a contract, there is a need for the objective agreement of several conflicting declarations between the parties, and for the existence of an objective agreement, all of the matters expressed in the parties' declaration of intent must be the same. On the other hand, even if the contents of the contract are not important and objective elements of the contract, the parties are particularly significant significance.