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(영문) 수원지방법원 2020.05.22 2017가단13935
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final claim inspection judgment (No. 2016) No. 252 dated April 19, 2017;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant, on February 1, 2016, filed an application for commencement of rehabilitation procedures with the Suwon District Court 201 Gohap1003, while holding and operating a F golf course in the wife E (hereinafter “instant golf course”) and a condominium, etc.

(2) The rehabilitation court (hereinafter “Rehabilitation Court”) decided to commence rehabilitation procedures on March 7, 2016, the rehabilitation debtor Company B (hereinafter “Defendant”), the rehabilitation debtor Company B (hereinafter “Defendant”), the decision to commence rehabilitation procedures on March 7, 2016, the decision to commence rehabilitation procedures on June 14, 2017, and the decision to discontinue rehabilitation procedures on July 21, 2017.

B. The plaintiff is a regular member who holds the defendant's golf membership, and the regular member has the right to preferentially use the defendant's golf course and related incidental facilities.

(hereinafter “instant golf membership”). The Plaintiff acquired golf membership prior to the commencement of the rehabilitation procedure.

The defendant's rules stipulate that the principal shall be returned at the request of the withdrawal after ten years of the membership fee paid by the member, and the period of deferment of the plaintiff's membership fee has passed.

C. The Plaintiff, while reporting the instant golf membership as a rehabilitation claim in the instant rehabilitation procedure, claimed that the amount of golf membership purchase KRW 25 million was KRW 25 million, but the Defendant’s custodian was only KRW 2.2 million.

Accordingly, the plaintiff filed a final claim inspection judgment with the Suwon District Court 2016da252.

On April 17, 2017, the rehabilitation court rendered a decision that "the rehabilitation claim against the defendant of the plaintiff does not exist beyond 2.2 million won, which is the membership amount (hereinafter "the final inspection judgment in this case")." The plaintiff filed the lawsuit in this case against this decision.

E. Meanwhile, as seen earlier, the rehabilitation court against the Defendant on June 14, 2017.

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