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(영문) 수원지방법원성남지원 2016.11.25 2016가단210145

입회보증금반환 등

Text

1. The plaintiff's claim against the defendant SP golf Co., Ltd. is dismissed.

2. The development of defendant Han-gu tourism;

Reasons

1. Facts of recognition;

A. Defendant Han-gu Tourism Development Co., Ltd. (former trade name before the alteration: hereinafter “Defendant Han-gu Development”) is a company that operated a golf course (hereinafter “instant golf course”) with the trade name of “Jasium with an interview to be tured” (former golf club) in the area of 89 and 8 lots and its ground buildings (hereinafter “instant real estate”).

B. On December 28, 2007, Defendant Han-dong Development entered into a real estate security trust agreement (hereinafter “instant security trust agreement”) with a trustor and a debtor, a trustee in charge, and the National Agricultural Cooperative Federation (hereinafter “FF”) with respect to the instant real estate as a primary beneficiary, and completed the registration of transfer of ownership based on the instant security trust agreement to the reporting real estate trust on the same day.

C. On April 1, 2013, the Plaintiff entered into an agreement with Defendant Han-gu Development and two membership units of the instant golf course with a ten-year membership agreement (hereinafter “instant membership agreement”) and paid 120,000,000 won (=60,000,000 x 2) to Defendant Han-gu Development, thereby acquiring membership rights of the instant golf course.

As the Defendant Han-gu Development lost the benefit from the due date of loans to the NAF, the NAF requested a public auction of the instant real estate trust in accordance with the instant collateral trust agreement. On October 21, 2013, the NAF made a public auction notice on the instant real estate and continued the public auction procedure over 17 times from October 31, 2013 to November 28, 2013, and continued to be inspected.

E. As for the trust of real estate, the method of sale was converted into a negotiated contract, and the Defendant Co., Ltd. on November 28, 2013.