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(영문) 수원지방법원 2020.02.05 2017가단515851
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final claim inspection judgment (No. 2016) No. 415, April 18, 2017;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant is a company that operates the “E golf course” created on the land outside of the wife population D and 289 (hereinafter “instant golf course”). On February 1, 2016, the Defendant filed an application for rehabilitation with the Suwon District Court 2016hap1003, and received a decision to commence rehabilitation procedures on March 7, 2016 from the said court; the order to commence rehabilitation procedures on June 14, 2017; and the decision to terminate rehabilitation procedures on July 21, 2017, respectively.

(hereinafter “instant rehabilitation procedure”). B.

The Plaintiff is a member who acquired membership of the instant golf course on December 26, 2008.

The membership fee was 2.35 million won at the time of membership, and according to the rules of the golf course of this case, the membership fee paid by the member was collected for ten years, and the principal shall be returned at the request of the withdrawal.

(The grace period of the Plaintiff’s admission fee shall expire at the time of the decision to commence the instant rehabilitation procedure).

The Plaintiff claimed KRW 41,596,00 as the amount of the claim when reporting his golf membership as a rehabilitation claim in the instant rehabilitation procedure. However, the Defendant’s custodian was only 2,350,000 won, and the remainder was denied.

Accordingly, the Plaintiff filed an application for the final claim inspection judgment with the Suwon District Court 2016da415 with respect to the content of the Defendant’s rehabilitation claim as the other party’s custodian, and the said court rendered a decision on April 18, 2017 to the effect that “the Plaintiff’s rehabilitation claim does not exist beyond KRW 2,350,000,000, a membership

(hereinafter “this case’s final inspection judgment”). (e)

The Plaintiff appealed and filed the instant lawsuit.

F. Meanwhile, in the rehabilitation plan approved in the rehabilitation procedure of this case, if the total amount of the rehabilitation claim of the present plaintiff is repaid in cash (including a repayment deposit), the provisions for the alteration of the rights, including the right to use the golf course facilities, to which all rights of the present golf course members are extinguished.

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