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1. In the case of the application for public summons No. 2014Kadan153, Jan. 21, 2015, the phrase “certificate” in the annexed list “15.”
Reasons
1. Facts of recognition;
A. The defendant is the issuer of the household check listed in the separate sheet, and the plaintiff is the "certificate name" listed in the separate sheet and "a 15.0 household check and 16.0 household check" mentioned in the separate sheet.
B) The holder is currently the holder. B. On January 21, 2015, the Defendant filed an application for a public summons with the District Court 2014Kadan153, and was sentenced by the above court to a judgment of nullification that declares the invalidity of household checks, including each of the instant checks, indicated in the separate sheet, [based on recognition], without any dispute, A’s evidence No. 1 (each of the entries in the provisional numbers and the purport of the entire pleadings).
2. The defendant's objection to the judgment of nullification shall be brought within one month from the date on which the plaintiff became aware of the grounds under Article 490 (2) 7 of the Civil Procedure Act, and the plaintiff filed the lawsuit of this case after one month from the date on which he became aware of such grounds, and the period of exclusion has exceeded. However, there is no evidence to acknowledge this, the defendant's assertion is without merit.
3. The judgment on the merits was examined, and all holders of securities or certificates lost their possession of securities, etc. without resorting to their own will.
Even if it is later proved that a person has the securities, etc., the former holder shall request the present holder to return it, and the public summons is not allowed. If the former holder, as he knows that he was aware of the holder of the securities, etc., was present on the date of the public summons and stated the cause of the application and the purport of seeking the nullification judgment, thereby deceiving the public summons court, and if the latter has received the nullification judgment from the public summons court, it constitutes "when the nullification judgment has been obtained by false or unjust means" under Article 490 (2) 7 of the Civil Procedure Act.
(see, e.g., Supreme Court Decision 2004Da4645, Nov. 11, 2004). The entry of evidence No. 4-1 and evidence No. 4-1.