회사에 관한 소송
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. We examine ex officio the lawfulness of the instant lawsuit.
A. The plaintiff asserts as follows.
In other words, the plaintiff was only withdrawn from the defendant B, who is the representative director of the defendant company, to make an investment before up to a hundred thousand years, and did not take over the shares of the defendant company.
Nevertheless, the Plaintiff is currently registered as a shareholder of the instant shares in the shareholder registry of Defendant Company.
Accordingly, the Plaintiff is presumed to be the owner of the instant shares and bears the tax related to the transaction of the instant shares, and the Plaintiff suffers disadvantages in the event of omission in filing a report on the instant shares on the grounds of judicial or public law, and the Plaintiff’s creditor may exercise his right to the instant shares, such as where the interruption of extinctive prescription is likely to be given.
Therefore, the Plaintiff selectively against Defendant B, and then, Defendant B entered the Plaintiff in the Plaintiff’s shareholder registry by stealing the Plaintiff’s name, thereby seeking confirmation that the Plaintiff’s shareholder right of the instant shares is against Defendant B, and ② seeking confirmation that the Plaintiff did not have the Plaintiff’s shareholder right of the instant shares.
B. In a lawsuit for confirmation, there is a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it becomes the most effective and appropriate means to obtain a judgment of confirmation against the Defendants in order to eliminate the risks or apprehensions of risks or legal status of the Plaintiff.
In the case of this case, the purpose of the plaintiff's lawsuit of this case is to escape from the disadvantage in relation to the risk of tax burden and the creditor, etc., and such disadvantage does not constitute legal interest in relation to the defendants, and the lawsuit of this case is judged in favor of the plaintiff.
(b) in all cases;