회사에 관한 소송
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion as to the interest in confirmation is seeking confirmation that the shares listed in the separate sheet are nominal trust from the defendant. If the above confirmation is obtained, the plaintiff's loan certificate prepared by the plaintiff in order to pretend that the shares listed in the separate sheet were acquired from the defendant will be null and void. The plaintiff can seek to cancel the change of title in the name of the plaintiff against the issuing company in the future. Thus, the plaintiff's assertion
As to this, the Defendant asserted that the shares listed in the attached list are not trusted to the Plaintiff, and filed a lawsuit to confirm the existence of the obligation for the loan debt is the direct means of dispute resolution, and thus, the instant lawsuit does not have any interest in confirmation.
2. In a lawsuit for confirmation of determination, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is in dispute between the parties as to the legal relationship subject thereto, and accordingly, it is recognized in cases where receiving a judgment of confirmation is the most effective and appropriate means to eliminate unstable risks when there is unstable risks in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decisions 2014Da218511, Dec. 11, 2014; 2009Da93299, Feb. 25, 2010). In addition, even if the Plaintiff is confirmed as a title trustee of shares listed in the separate sheet even if the Plaintiff is confirmed as a title trustee of shares listed in the separate sheet, the validity of the loan certificate prepared to disguise it does not become null and void as a matter of course, and it cannot be deemed the most effective and appropriate means to eliminate unstable risks in the Plaintiff’s rights or legal status.
3. As such, the instant lawsuit is dismissed as it is unlawful.