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(영문) 서울중앙지방법원 2016.05.13 2015가합553247
주주명부 열람 및 등사
Text

1. The defendant shall conduct business hours for 15 days except for legal holidays from the date of service of the judgment of this case.

Reasons

Basic Facts

The defendant is a juristic person established on November 18, 1994 for the purpose of vehicle transport service business, distribution business, warehouse business, etc., D, the representative director of the defendant company, who is the plaintiff, and in-house director E, the father of the plaintiff.

The Plaintiff was registered as a shareholder holding 1,239,941 shares out of the Defendant’s total 4,538,370 shares in the Defendant’s share registry by December 31, 2014 (hereinafter “instant shares”). The Plaintiff’s share registry as of May 19, 2015 was deleted by the Plaintiff and the transfer of ownership of the instant shares was made in the name of E, and all of the shareholders’ roster as of July 29, 2015 and December 18, 2015.

After that, in the register of shareholders dated December 30, 2015, the Plaintiff again entered the name of the Plaintiff with respect to the instant shares, and the register of shareholders dated December 31, 2015 also entered the same.

On June 9, 2011, the Plaintiff filed a lawsuit against the Defendant seeking partial payment out of the dividend payment in the year 2009, under the status of the owner of the instant shares, with the Incheon District Court (201Gahap9538) on June 9, 201.

In the above lawsuit, E participated as the Defendant’s supplementary intervenor, and the Defendant asserted that the instant shares in the Plaintiff’s name were nominal trust of E.

On September 13, 2012, the above court rendered a favorable judgment of the Plaintiff on the grounds that the Plaintiff is presumed to have owned the instant shares, and that it is insufficient to recognize that the Plaintiff received a title trust from E.

The above judgment was finalized on September 28, 2012.

In December 10, 2012, the Plaintiff filed an application for the perusal and copying of the registry of shareholders against the Defendant for disposition with respect to the Defendant, with the Incheon District Court (2012Kahap2250) on December 10, 2012, for the perusal and copying of the registry of shareholders against the Defendant as the owner of the instant shares.

However, the defendant voluntarily submitted the list of shareholders on January 9, 2013 to the above court, and the plaintiff voluntarily withdrawn the above provisional disposition application on January 17, 2013.

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