1. Defendant B Co., Ltd.: (a) with respect to KRW 870,285,190 among the Plaintiff and KRW 60,453,410 among the Plaintiff, from October 1, 2013 to the Plaintiff; and (b) the same shall apply to the Plaintiff.

Basic Facts

The Plaintiff, as a company established for the purpose of business such as civil engineering, construction, and electrical construction, filed an application for commencement of rehabilitation procedures with the Gwangju District Court 2010 hap14, and the same court decided to commence rehabilitation procedures on May 28, 2010 and February 8, 2012 with respect to the Plaintiff, respectively.

(hereinafter “Plaintiff” is not classified before and after the commencement and termination of rehabilitation procedures. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company established for the purpose of business, such as real estate development and implementation, etc.

Meanwhile, the Plaintiff is the largest shareholder holding 63,000 shares (63% shares) out of the total number of shares issued by Defendant B (5,000 won per share). E concurrently held the representative director of Plaintiff and Defendant B from around 2007 to October 2010.

The land trust company for the defendant (hereinafter "land trust for the defendant") is a trust company prescribed by the former Trust Business Act (repealed by the Financial Investment Services and Capital Markets Act), which is established for the purpose of the business such as the construction project to carry out real estate trust and land trust, and the agency business to sell buildings on behalf of others.

C Co., Ltd. filed an application for commencement of rehabilitation procedures with this court 2015 Ma100281, which had been established for the purpose of the business of civil engineering and construction, etc., and upon the court’s decision to commence rehabilitation procedures (the representative D is deemed the administrator) on December 14, 2015, D took over the instant lawsuit by the receiver of the rehabilitation debtor C Co., Ltd., and thereafter, on June 30, 2016, the court rendered a decision to terminate rehabilitation procedures and took over the instant lawsuit again by C Co., Ltd.

(B) Defendant B, including Defendant B’s implementation of the new apartment-type factory construction project, does not distinguish before and after the commencement of rehabilitation procedures and completion of the construction thereof, is “G” on the ground of the land for the F-type factory (former land category: 1) 25,486m2 (hereinafter “instant land”).