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(영문) 서울동부지방법원 2016.08.17 2014가합3304
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 29, 2011, Daewoo Automobile Sales Co., Ltd. and the Plaintiff’s comprehensive succession of rights (hereinafter referred to as “the Treatment Board”) filed an application for commencement of rehabilitation proceedings with the Seoul Central District Court (hereinafter referred to as “Rehabilitation Court”) on July 29, 2011. The rehabilitation court issued a decision to prohibit compulsory execution, etc. based on rehabilitation claims or rehabilitation security rights (hereinafter referred to as “general prohibition order”) to all rehabilitation creditors and rehabilitation secured creditors until the decision to commence rehabilitation proceedings is made on the same day, and at the same time served on the Treatment Board, and issued a decision to commence rehabilitation proceedings (hereinafter referred to as “instant rehabilitation procedure”) on August 10, 201. The rehabilitation plan approved on December 9, 2011 in the instant rehabilitation procedure for the Treatment Board was divided into a bus sales division in accordance with the rehabilitation plan authorized on December 29, 201, and the Plaintiff became a divided development company (hereinafter referred to as “the former Treatment Board Development Company”) and thus divided into two separate industrial development companies (hereinafter referred to as “instant development companies”).

The Plaintiff is a juristic person newly established as a divided on December 29, 201 pursuant to the instant rehabilitation plan, which was established on December 29, 201 in accordance with the instant rehabilitation plan, and the lease deposit claim for the repayment of the lease deposit against the Drench Co., Ltd., Ltd. (hereinafter “B”), and each land and building on each of the above land (hereinafter “suspected real estate”), which is KRW 1.5 billion with the maximum debt amount set up on the Heung-gu B and C, and each of the above lands and buildings (hereinafter “deficable real estate”), and the right to the repayment of the lease deposit against the Jan Infrastructure Co.,, Ltd., Ltd. (hereinafter “Yan Infrastructure Co.,,, Ltd.”) and the right to guarantee this.

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