채권조사확정재판에 대한 이의의 소
1. Of the judgment of the first instance court, the parts concerning plaintiffs I and F shall be modified as follows:
Plaintiff
I’s lawsuit and Plaintiff F’s lawsuit.
1. Basic facts
A. On February 1, 2016, the Defendant filed an application for rehabilitation with the Suwon District Court 201Hun-Ga1003, as a company that owns and operates a L golf course located in K with the wife population (hereinafter “instant golf course”), and as a company that owns and operates a condominium, etc.
On March 7, 2016, the above court decided to commence rehabilitation procedures, and decided to terminate rehabilitation procedures on June 14, 2016, and July 21, 2017.
B. The Plaintiffs are members with golf membership with a right to preferentially use the Defendant’s golf course and its incidental facilities, and Plaintiff F is a major member who can use the instant golf course only on the ordinary day except on weekends and holidays, and the rest of the Plaintiffs are regular members with no restriction on such use.
Each admission fee for golf membership of the plaintiffs is KRW A2,300,000, KRW C 4,400,000, KRW D2,200,00, KRW 18,000, KRW 18,000, KRW 4,500, KRW 00, Plaintiff H2,40,000, and KRW 2,40,00.
C. However, the Defendant’s golf course rules stipulate that the principal shall be returned at the request of the withdrawal association after a ten-year grace period for a regular member, and five-year grace period for a primary member, and the Plaintiffs’ golf course rules have expired.
The Plaintiffs reported golf membership as a rehabilitation claim in the instant rehabilitation procedure, and recorded golf membership on the grounds of the rehabilitation claim. The details of the rehabilitation claim, including the acquisition value of golf membership facilities and the right to use golf club facilities (right to use) based on the acquisition value, were not entered in the details of the rehabilitation claim, and entered the same amount as the acquisition value.
E. Meanwhile, the Defendant’s custodian prepared the rehabilitation claim draft statement, and the above draft statement contains the contents of the Plaintiffs’ rehabilitation claims, the acquisition value of the Plaintiffs’ rehabilitation claims, and the market price.