logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.22 2015가합539418
배당이의
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) was declared bankrupt on October 16, 2014 by the Seoul Central District Court 2014Hahap10072, and the Plaintiff was appointed as a trustee in bankruptcy.

B. On December 29, 2006, A entered into an agreement with D (the trade name before the change: E; hereinafter “D”) to set off loans worth KRW 17 billion out of the transfer price bonds and loans extended to D (hereinafter “instant agreement”) by F (the “instant shares”) and KRW 3,356,700, the face value of which issued by H (the “instant shares”) is 10,000 common shares (hereinafter “instant shares”) and KRW 17 billion common shares (the “instant agreement”).

C. On May 3, 2010, the Seoul Special Metropolitan City: (a) misleads that the share certificates of the instant shares (100,000 share certificates Nos. 1 to 671, No. 10,000 share certificates No. 471, No. 10,000 share certificates; hereinafter “instant share certificates”) were owned by I; (b) based on the local tax claim against I, it acquired possession of the instant share certificates by seizing them under the disposition on default.

On August 27, 2010, Defendant J received a seizure and collection order (hereinafter “instant seizure and collection order”) against A, D, and I’s Seoul Special Metropolitan City based on the enforcement title against A, D, and I by the Seoul Central District Court 2010TTT 30965.

On September 30, 2010, K and 29 others received a seizure and collection order as to A’s right to request the delivery of share certificates of this case against Seoul Central District Court 2010TTT 34842, and Defendant L and 43 others received a seizure and collection order as to A and D’s right to request the delivery of share certificates of this case against Seoul Central District Court 201T 2010T 34843, October 22, 2010.

Defendant J is the Seoul Central District Court.

arrow