부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding a judgment on the argument emphasized by the defendant in this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance.
2. Additional determination
A. Since the Defendant acquired the instant shares (new shares 3,341 shares for conversion of investment) as an underwriter in accordance with the Plaintiff’s new shares issuance procedure, the instant shares are owned by B Co., Ltd. (hereinafter “B”) as a substitute for the Defendant’s assertion, so long as they were acquired as an underwriter, the instant shares are owned by B.
However, the issuance of the instant shares was made without any legal ground, and the Plaintiff has the right to claim restitution of unjust enrichment against the obligor B against the sale price of the instant shares. Since this is a claim with a claim, the right to claim restitution of unjust enrichment cannot be acknowledged
In addition, this can not be exercised without resorting to bankruptcy procedures because it is merely a bankruptcy claim which is not a estate claim.
B. 1) The purpose of this Act is to ensure the efficient rehabilitation of debtors and their businesses, by adjusting legal relations among interested persons, including creditors, shareholders and equity right holders, etc., who are faced with bankruptcy due to financial difficulties, or to fairly liquidate and distribute the assets of debtors who are deemed difficult to recover, that belong to the bankrupt estate. Article 382 (Bankruptcy Foundation) (1) Any assets owned by the debtor at the time that the debtor is declared bankrupt belong to the bankrupt estate. Article 407 (Retransfer of Assets Not belonging to the debtor) of the relevant provisions does not affect the right to repurchase from the bankruptcy estate. Article 410 (Retransfer of Assets Which are the object of the right to repurchase before the debtor is declared bankrupt.
The trustee in bankruptcy is the object of the right of repurchase.