채권조사확정재판에 대한 이의의 소
1. From January 23, 2019, paragraph 2 of the order in the final claim inspection judgment of the Seoul Rehabilitation Court is as follows.
Basic Facts
The defendant's establishment and operation of the golf course was established on November 25, 2005 for the purpose of sports facility business (golf course), tourist use and convenience facility business (hereinafter "golf course of this case"), and the E-gol in Gwangju City (hereinafter "golf course of this case").
On September 28, 1989, F Co., Ltd. (hereinafter referred to as “F”) obtained approval from the Gyeonggi-do Governor to build a membership golf course of 18 holes in Gwangju City D, and installed the instant golf course facility of 18 holes in size. On December 24, 1994, under the Installation and Utilization of Sports Facilities Act, the Gyeonggi-do Governor registered the sports facility business as “G” with the name of “G” on the condition that the public golf course of 9 holes is annexed to the public golf course.
However, F had recruited its members from the instant golf course and conducted the golf course business on November 1997, and had the Plaintiff defaulted. Upon the application of H Co., Ltd., which was a contractor of the instant golf course, an auction was initiated on some of the instant golf course sites (18 holes in total, 27 holes in site for membership golf courses) and the building, such as a club, (hereinafter “instant golf course site, etc.”).
Therefore, 564 members of F established I Co., Ltd. (hereinafter “I”) by contributing 58 million won per person (one million won for stock acquisition and loan 57 million won) to obtain a successful bid for the instant golf course site, etc. on April 16, 2001. On March 25, 2002, I paid the price at the successful bid for the instant golf course site, etc. on August 13, 2001, and received the delivery of the instant golf course site, etc. on March 25, 2002 after completing the registration of ownership transfer in its name.
However, the articles of incorporation established by the resolution of the temporary general meeting of shareholders on September 24, 2001 stipulated that “A person who paid KRW 58 million to I among existing members of G shall have the status as a shareholder and a member only,” etc. in fact, operates the instant golf course as a shareholder membership golf course, and as above, among existing members of G, KRW 58 million.