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(영문) 서울중앙지방법원 2012.08.16 2011가합81614

대여금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The parties concerned are corporations established for the purpose of the operation of golf courses, which operate the membership golf course (hereinafter “instant golf course”) located in Gwangju City, 156-1, Ma-si, Ma-ri, Ma-ri, Ma-ri, Ma-ri. The plaintiff is a general member of the instant golf course operated by the defendant.

B. On September 28, 1989, the Defendant’s business plan was approved by the Gyeonggi-do Governor to build a membership golf course with a size of 18 holes, such as golf courses, at the 156-1st unit in Gwangju-si, Gwangju-do. On September 28, 1989, the Plaintiff registered the instant golf course facility business (hereinafter “registration of the instant golf course”) with the name of the Gyeonggi-do Governor under the condition that the instant golf course is attached to a public golf course with nine holes in accordance with the Installation and Utilization of Sports Facilities Act (hereinafter “ Sports Facilities Act”) on December 24, 1994, on condition that the sports facility business is registered (hereinafter “registration of the instant golf course”).

(2) On November 197, 1997, tourism recruited members to sell membership, and the golf course business was conducted at the instant golf course, and the creditors had filed an application for auction against the land including the site of the instant golf course and the buildings, such as a club club, etc. (hereinafter “instant golf course site”).

(3) Of the members on board, 564 members of the Korea Tourism Development Co., Ltd. (hereinafter “Mive Tourism”) established an Oral Tourism Development Co., Ltd. (hereinafter “Mive Tourism”) by contributing to KRW 58,000,000 per capita (a share acquisition price of KRW 1,000,000, a loan of KRW 57,000,000) for the purpose of being awarded a successful bid on the instant golf course site, etc.

Lao Tourism: (a) deposited the instant golf course site, etc. on April 16, 2001 and paid the price on August 13, 2001 and completed the registration of ownership transfer in its name; (b) delivered the instant golf course site, etc. on March 25, 2002; and (c) around April 2002.