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(영문) 서울중앙지방법원 2019.12.19 2019나48976
임원 퇴직금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, except for the part of “judgments No. 6, No. 2 through No. 7, and No. 12” of the judgment of the court of first instance, and thus, citing the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act, since a person who takes over or intends to take over shares in the register of shareholders did not transfer ownership, the register of shareholders is not only the case where the transferor is recorded as a shareholder but also the case where a person who takes over or intends to take over shares in the register of shareholders lends another person’s name and takes over or acquires shares in the register of shareholders and completes the entry in the register of shareholders under another person’s name.

The legal doctrine that only shareholders listed in the register of shareholders may exercise shareholders’ rights in relation to the company is equally applied to the company, not only to shareholders but also to the company. Thus, barring any special circumstance, the company cannot deny the exercise of shareholders’ rights by those listed in the register of shareholders, or recognize

Therefore, barring special circumstances, a person who is legally entered in the register of shareholders may exercise a shareholder’s right, such as voting rights, in relation to the company. A company cannot deny the exercise of a shareholder’s right by a shareholder on the register of shareholders, regardless of the existence of another person who actually acquired or intended to acquire shares, other than a shareholder on the register of shareholders, even though he/she knew of the existence of another person who actually acquired or intended to acquire the shares,

In the event that shareholders' rights can be exercised in relation to the company without completing entry in the register of shareholders, the entry in the register of shareholders or transfer claims are unduly delayed or rejected.

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