주주권확인 등 청구의 소
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 26, 1997, the Plaintiff joined the Defendant Company and retired on August 8, 1998.
On October 197, 1997, the Plaintiff acquired 300 common shares shares of the Defendant Company as a member of B employee stock ownership association (hereinafter referred to as “employee stock ownership association”) who worked for the Defendant Company.
B. Where a member of an employee stock ownership association intends to acquire stocks, it is required to subscribe for the acquisition or purchase of stocks through the association, and the acquired stocks must be deposited within one month from the date of acquisition in the Korea Securities Finance Corporation (as an employee stock company under Article 15 of the Enforcement Rule of the Framework Act on Worker’s Welfare).
(Article 13 of the Code of the Employee Stock Ownership Association)
300 shares acquired by the Plaintiff were deposited in the Korea Securities Finance, which is an entrusted agency, in accordance with the above regulations, and was returned to the employee stock ownership association upon a claim for refund on the grounds of the expiration of deposit period on December 29, 200.
Meanwhile, the Plaintiff and the name of the Defendant Company were the same birth A in 1958 (hereinafter referred to as “A” to distinguish from the Plaintiff, and the above name was indicated as “C,” and they were also owned by being allocated 550 common shares as a member of the employee stock ownership association. However, as the Plaintiff’s shares, deposit in the Korea Securities Finance was made on December 29, 200, and was withdrawn by the employee stock ownership association of the Defendant Company.
E. The Defendant Company, while carrying out its own business on the register of shareholders (transfer of title), entrusted the Korea Securities Depository with the process from April 2010.
F. Around April 2010, the Plaintiff entered the 300 share shares as a shareholder to the Korea Securities Depository. Around April 2010, the Plaintiff was not indicated as a shareholder.
However, on April 26, 2013, Defendant Company’s “Plaintiff (A)” stated as a shareholder in the Korea Securities Depository as of April 26, 2013 is a clerical error of “C”, and thus, it will be corrected.