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(영문) 서울중앙지방법원 2017.01.09 2016가합535642
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant Hanyang Co., Ltd. (hereinafter "the defendant Hanyang"), which commenced the bankruptcy procedure of the defendant Hanyang, was ordered to commence the company reorganization procedure on November 17, 1994 and decided to approve the reorganization plan on November 27, 1995, but on December 4, 2000, the company reorganization procedure was abolished under Article 276 of the former Company Reorganization Act (amended by Article 2 of the Addenda to the Debtor Rehabilitation and Bankruptcy Act (Act No. 7428 of March 31, 2005) and the company reorganization procedure was initiated on January 8, 2001 pursuant to Article 23 (1) of the former Company Reorganization Act.

B. On December 6, 2002, the Plaintiff entered into a stock transfer agreement with the Korea National Housing Corporation (the Korea National Housing Corporation was merged into “Korea National Housing Corporation”) and the Korea National Housing Corporation (the former Korea National Housing Corporation; hereinafter “Defendant Corporation”), the joint bankruptcy trustee, A, B, and the Defendant Hanyang for the purpose of acquiring the existing shares, shares in kind, and real estate not sold to a third party from the Defendant Corporation for the recovery of claims.

(A) Certificate No. 1 (hereinafter “instant transfer contract”). The instant transfer contract provides that the Defendant Corporation receives, from the Plaintiff, KRW 5,262,220 of the pre-existing share transfer price, KRW 7,797,329,823 of the acquisition price of shares in kind, KRW 132,490,048,740 of the acquisition price of real estate acquired through the right to separation held by the Defendant Hanyang, respectively, and collects KRW 224,626,912,783 of the total amount after receiving reimbursement of KRW 84,34,272,00 from the Defendant Hanyang.

C. The plaintiff's company reorganization procedure commenced and agreement 1 related to the cancellation of the transfer contract of this case) on October 22, 2003, the plaintiff was ordered to commence the company reorganization procedure, and C and D (hereinafter "Plaintiff administrator").

On October 23, 2003, the Defendants are subject to the rescission of the instant transfer contract under Article 103(1) of the former Company Reorganization Act.

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