beta
orange_flag(영문) 서울중앙지방법원 2006. 1. 25.자 2005카합4278 결정

[회계장부등열람등사허용가처분][미간행]

Applicant, appellant

Applicant 1 Co., Ltd. and one other (Law Firm Cho & Lee, Attorney Park Jung-young, Counsel for the plaintiff-appellant)

Respondent, Other Party

Korea Land Trust Co., Ltd. (Law Firm Geosan, Attorneys Park Dong-young et al., Counsel for the plaintiff-appellant)

Text

1. The motion of this case is dismissed.

2. The costs of the lawsuit shall be borne by the applicants.

Purport of application

The respondent shall send the books and documents in the attached list to the applicant within four weeks.

Reasons

Since the applicants seek a provisional disposition order such as the purport of the application by making the interested parties' right to request perusal of documents and the incidental rights under the trust contract as the preserved right under Article 34(1) of the Trust Act as the preserved right, it is reasonable to view that the respondent is a trust company that is engaged in the business of trust, so the trust applicant can request perusal of books and documents only under the Trust Business Act, which is a special law applied to the case where the trustee is a trust company that is engaged in the business of trust, and the respondent is allowed to request perusal of books and documents. In addition, in the records, the respondent has been allowed to allow the applicant to peruse books and documents prescribed by the Trust Business Act and relevant statutes or has issued them to the applicant at the request of the applicant, and it is proved that there is a fact that the respondent has made perusal and delivery of books and documents exceeding the above scope according to the judgment of the respondent. Thus, the request in this case

Judges Song Jin-jin (Presiding Judge)