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1. The Suwon District Court shall authorize the final claim inspection judgment of 2016 Ma608 dated April 19, 2017.
2. The costs of lawsuit shall be.
Reasons
1. On December 16, 2019, the Defendant (hereinafter “Defendant,” regardless of whether the trade name was changed to “D”) owned and operated a F golf course located in the wife population E (hereinafter “instant golf course”) and a condominium, etc., and filed an application for rehabilitation on February 1, 2016 (U.S. District Court 2016 Ma1003). The Suwon District Court decided to commence rehabilitation proceedings against the Defendant on March 7, 2016.
(A) The instant golf club membership right (hereinafter “instant golf club membership right”) was owned by the golf club membership right (hereinafter “instant golf club membership right”) to obtain a right to preferentially use the instant golf club and related incidental facilities from the commencement of the instant rehabilitation procedure prior to the commencement of the rehabilitation procedure. However, the pertinent golf club membership right is KRW 2,200,000,000, and the instant golf club membership right is deemed to have been paid by the members for ten (10) years, and the principal is to be returned at the request of the Plaintiff, and the Plaintiff’s grace period has expired.
The Plaintiff, while reporting the instant golf membership as a rehabilitation claim in the instant rehabilitation procedure, claimed the amount as KRW 49.5 million, which is the purchase price of the instant golf membership, as the rehabilitation claim, but the Defendant’s custodian was only 2.2 million won, which is the amount of the membership fee.
Accordingly, the Plaintiff filed an application for the final claim inspection judgment (U.S. District Court Decision 2016 Ma608) and sought re-determination of the same amount of rehabilitation claims, but on April 19, 2017, the part demanding confirmation of the rehabilitation claim amounting to 2.2 million won of the instant application is dismissed. The Plaintiff’s rehabilitation claim against the Defendant is determined to confirm that the rehabilitation claim exceeds the above 2.2 million won (hereinafter “final claim inspection judgment in this case”). Accordingly, the Plaintiff filed the instant lawsuit on May 17, 2017.
In the instant rehabilitation procedure, it is against the Defendant on June 14, 2017.