Court review of the settlement payment

The action for avoidance of the resolution adopted as to the transfer may not be based on section 243 (2) or on the fact that the settlement payment determined by the principal stockholder is not appropriate. Where the cash settlement is not appropriate, the court specified in section 2 of the Act on Valuation Proceedings under Corporate Law will establish, upon a corresponding petition having been filed, the appropriate cash settlement. The same applies if the principal stockholder has not offered any cash settlement, or has not offered it duly and properly, and no action for avoidance based on that fact has been brought within the period for avoidance or the action for avoidance has been retracted or has been dismissed in a final and binding manner.