증서진부 확인청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the parties' arguments;
A. On November 4, 2009, the Plaintiff and the Defendant, the real shareholder of C (hereinafter “C”) on November 4, 2009, entered into an agreement with the Defendant to conclude a title trust agreement with respect to the entire shares of C, and the Defendant entered into a title trust agreement (hereinafter “instant share trust agreement”).
However, the defendant is arguing that the plaintiff arbitrarily forged the stock trust agreement of this case using the defendant's seal impression currently in possession of another business.
In the future, the Plaintiff is expected to claim the return of shares against the Defendant in the position of the shareholder, and if the truth of the instant stock trust agreement is confirmed, there is a benefit in resolving the legal relationship or instability in legal status of the contents of the said agreement. Therefore, the confirmation of the truth of the instant stock trust agreement is sought by the instant lawsuit.
B. The Defendant’s assertion C is a F subsidiary established to divide and manage the sales of the F Co., Ltd. F jointly established and operated by the Plaintiff, D, and E (hereinafter “F”), and the actual shareholders of C are not the Plaintiff but the Plaintiff.
However, due to the tax problem, only the name of C shareholder is the defendant who is the employee of the company.
The instant stock title trust agreement is prepared by the Plaintiff at will, without the knowledge of the Defendant, by arbitrarily sealing the Defendant’s seal, and is not prepared based on the Defendant’s will.
2. Determination:
A. The main content of the instant stock title trust agreement is that the Plaintiff, a shareholder of C-1, holds the entire shares in title trust to the Defendant.
B. Meanwhile, there is no dispute between the parties that the defendant's seal affixed to the instant share title trust agreement is the defendant.
C. As seen earlier, the Defendant arbitrarily affixed the Defendant’s seal and prepares a false seal on the instant stock trust agreement.