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(영문) 서울행정법원 2015.05.08 2014구합67734
증권거래세경정거부처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The gold Industry Co., Ltd. and the plaintiffs' acquisition of shares in the construction industry 1) the gold industry Co., Ltd. (hereinafter "gold industry").

[1] The five companies of the Hoho Asian or of the Department of Kuho Asian and the Department of Kuhoa Co., Ltd. (hereinafter referred to as “financial investors”), including the plaintiffs, around 2006.

) Treatment Construction Co., Ltd. (hereinafter referred to as “Treatment Construction”) together with

) the consortium for acquiring the shares (hereinafter referred to as “gold- Asian or consortium”)

The gold Industry constituted a contract with a financial investor on November 15, 2006 for the acquisition of shares of Daewoo Construction (hereinafter “instant agreement”).

2) On December 15, 2006, the gold Asia and the consortium acquired shares 244,665,611 (which are approximately KRW 72 per share of the total number of issued shares) from the Joint Sale Council composed of nine institutions, including the Korea Asset Management Corporation, in KRW 26,262 per share.

B. On December 14, 2009, the Plaintiffs’ financial investors entered into an agreement between the gold industry and the shareholders including that “in the event of a notification of the convening of the creditor financial institutions’ joint management proceeding under the Corporate Restructuring Promotion Act or the creditor banks’ joint management proceeding to commence creditor banks’ joint management proceeding, the investors would be deemed to have exercised the right to select a sale to the gold industry.” 2) The gold industry applied for the joint management proceeding of creditor financial institutions on December 30, 2009, and the convening of the creditor financial institution’s joint management proceeding to determine whether to commence the joint management proceeding for the gold industry was to be notified to the financial investors on the same day.

Accordingly, on December 29, 2009, the plaintiffs exercised the right of choice under Article 8 of the contract between shareholders with respect to the gold industry on December 29, 2009.

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