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(영문) 전주지방법원군산지원 2019.01.10 2016가합10539
손해배상청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. E Co., Ltd. 1) E Co., Ltd. (hereinafter “E”)

(3) The instant golf course is comprised of 570 lots, such as G land, etc. owned by it, and on its ground, “F golf set” with the trade name of “F golf set” in the area of 18 holes and membership golf clubs, 18 holes and 36 holes in total (hereinafter “instant golf course”).

(2) On August 2005, prior to the registration of the instant golf course business, E operated the instant golf course from around August 2005 to the model operation method by inviting its members, while it exempted its members from 36 holes of green volume (user fee) and gave priority to the members on the sideing (pre-contract).

3) On November 14, 2012, E had completed the registration of each sports facility business (golfing business) on the public system and membership golf course, and thereafter, E operated the instant golf course. Even thereafter, as in the previous case, E continued to be treated as a member, including the exemption from franchising and the preferential right to practice, with respect to the entire 36 holes including the portion registered as a public system. B. 1) Co., Ltd. I (i) Company I (i) was established for the purpose of acquiring the instant golf course on August 28, 2012 in order to acquire the instant golf course.

2) On February 18, 2013, I entered into a contract by which I acquires loans to E from the first priority beneficiary and the status of the first priority beneficiary under a real estate collateral trust agreement with respect to the instant golf course site. On February 18, 2013, I borrowed 14 billion won from K, which is a collective investment company, from the collective investment company, on February 18, 2013, and offered to the lender a pledge for 80,000 shares of I owned by L and M, which are the shareholder of I. 3).

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