주식명의개서 청구 등
1. The instant lawsuit was concluded on March 4, 2015 as the withdrawal of the lawsuit.
2. The costs of the lawsuit after the request for setting the date.
1. Fact-finding that the withdrawal of the instant lawsuit was submitted on March 2, 2015 (hereinafter referred to as “the withdrawal of the instant lawsuit”); the Defendants submitted a written consent to the withdrawal of the lawsuit on March 4, 2015; and the fact that the Plaintiff submitted an application for the designation of the date on March 5, 2015 is apparent in the record.
2. The plaintiff's argument that the withdrawal of the lawsuit in this case was made by another person, not by the plaintiff, and thus has no effect on the withdrawal of the lawsuit.
3. If, barring any special circumstance, the authenticity of the signature affixed on the document of determination is created, i.e., the act of affixing the seal is actually presumed to be based on the intent of the person under whose name the document was written, barring any special circumstance, and once the authenticity of the seal is presumed to have been created, the authenticity of the entire document is presumed to have been created (see, e.g., Supreme Court Decision 2009Da37831, Sept. 24, 2009). As to the instant case, there is no dispute between the Plaintiff and the Plaintiff that the seal affixed on the letter of withdrawal of the instant lawsuit was reproduced by the Plaintiff’s seal imprint, and there is no evidence to prove that the act of affixing the seal was conducted by a third party other than the Plaintiff. Furthermore, it is presumed that the act of affixing the seal was based on the Plaintiff’s intent
The Plaintiff did not file a criminal complaint in relation to the assertion that the withdrawal of the instant lawsuit was forged.
Therefore, according to each description of the withdrawal of the instant lawsuit and the written consent of the withdrawal of the said lawsuit, it is recognized that the instant lawsuit was withdrawn.
4. The conclusion is that the written consent of the withdrawal of the instant lawsuit was submitted to the court of the trial on March 4, 2015.
Since the withdrawal of a lawsuit is terminated, the declaration of termination of the lawsuit shall be made.