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(영문) 서울중앙지방법원 2016.05.27 2015가합556437
우선매수청구권 확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The pertinent Plaintiff owned 2,078,960 shares per common share (25.94%) and 1,250,00 shares per common share (1.55%) out of the shares issued by the Yangyang Industries Co., Ltd. (hereinafter referred to as the “Balyang Industries Co., Ltd. (hereinafter referred to as the “Co.”), a stock-listed corporation, and 2,078,960 shares (1.5%) for the purpose of manufacturing and selling cement, etc. and manufacturing, processing, and selling civil construction materials.

In addition, TRCC Hrings Lbuan, Inc. owns 3,910,050 shares of voting rights (4.87% of the shares) which have been restored from among the shares issued by the TCC and its related parties.

Meanwhile, Defendant Korea Development Bank, New Bank of Korea, Seoul Guarantee Insurance Co., Ltd., Korea T&C Holdings Co., Ltd. (hereinafter below, each of the above Defendants is a member of the Stock Sales Council (hereinafter referred to as the “Stock Sales Council”) comprised of the creditor financial institutions that converted claims against the T&C into equity or acquired stocks converted into equity investment, and the creditor financial institutions that have taken over the stocks converted into equity or converted into equity investment with respect to the T&C. The said Defendants, including each of the above Defendants, are the creditor financial institutions that have taken over the stocks converted into equity or converted into equity investment with respect to the T&C.

The status of Korea Asset Management Corporation was succeeded to the purchase of equity-to-equity shares held by the Korea Asset Management Corporation on July 30, 2012, in the case of Defendant Han Cement (the cement Cement Co., Ltd. prior to the division), from the Korea Asset Management Corporation which was a creditor financial institution of the Hanyang Conference on July 30, 2012. The details of equity-to-equity shares issued by the Defendant Industrial Bank, etc

(B) In the following cases, the Korea Development Bank shall hold the shares held by the Defendant Industrial Bank, etc. (hereinafter “instant shares”). The shares held by the Defendant shall be converted into equity among the shares held by the Defendant.

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