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(영문) 인천지방법원 2016.01.22 2015가합56587
주주명부 열람 및 등사
Text

1. The defendant's business hours for 15 days except for legal holidays from the date of receiving the judgment of this case.

Reasons

1. Under the underlying facts, each of the following facts may be acknowledged either as a dispute between the parties, or as a whole by taking account of the whole purport of the pleadings in the evidence Nos. 2, 9, and 10-1, 2, 18, 19, and 20.

The defendant company is a legal entity 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, the father of the plaintiff, the auditor E, the plaintiff, and the mother of the plaintiff, the in-house director, the F.

B. By December 31, 2014, the Plaintiff was registered as a shareholder holding 7,875 shares out of total 20,000 shares of the Defendant Company’s shareholder registry of the Defendant Company (hereinafter “instant shares”). However, on July 9, 2015, the Plaintiff’s shareholder registry was deleted from the Plaintiff, while the transfer of ownership for the instant shares was made in the name of D.

C. D asserted that the instant shares were held in title trust with the Plaintiff, and filed a lawsuit against the Plaintiff seeking confirmation of ownership of the instant shares (Seoul Central District Court 2014Kadan48505). However, while the lawsuit was pending, D’s dismissal decision was rendered by the said court on the grounds of all withdrawal of the claim during the lawsuit.

Accordingly, the plaintiff appealed against the plaintiff, and the appellate court (Seoul Central District Court 2015Na42475) rejected the claim for title trust of D, and on July 9, 2015, the transfer of holders of the shares of this case was unlawful and the plaintiff dismissed the claim of D on the ground that it is the actual shareholder of the shares of this case. D.

On the other hand, the Plaintiff filed an application for provisional disposition against the Defendant as Incheon District Court 2015Kahap1013 to inspect and copy the register of shareholders. On July 31, 2015, the Defendant shall allow the Plaintiff and his/her delegated representative to peruse the register of shareholders from March 7, 2014 to the delivery date of the instant decision. In the event of the violation, the Plaintiff shall have three million won per day of the violation.

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