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(영문) 수원지방법원 2020.07.02 2017가단14372
채권조사확정재판에 대한 이의의 소
Text

The part of the lawsuit of this case seeking the confirmation of rehabilitation claims of KRW 2,800,000 shall be dismissed.

With respect to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 1, 2016, the Defendant filed an application for rehabilitation with the Suwon District Court 201Hun-Ga1003, as a company that owns and operates a F golf course in the wife E (hereinafter “instant golf course”), and a company that owns and operates a condominium, etc.

On March 7, 2016, the above court decided to commence rehabilitation procedures, and decided to terminate rehabilitation procedures on June 14, 2016, and July 21, 2017.

(hereinafter referred to as “instant rehabilitation procedure” from the application for rehabilitation to the decision to terminate the rehabilitation procedure.

The Plaintiff is a regular member who has a golf club membership right including the right to preferentially use the instant golf course and its related incidental facilities (hereinafter referred to as “ instant golf club membership”).

The Plaintiff acquired golf membership prior to the commencement of the instant rehabilitation procedure by purchasing it.

According to the rules of the defendant's golf course of this case, the membership fee paid by the member is to return the principal upon the request for withdrawal after ten years of grace, and the plaintiff's grace period has expired.

C. The Plaintiff reported the instant golf membership as a rehabilitation claim in the instant rehabilitation procedure, and recorded KRW 72,00,000, which is the acquisition value of golf membership in the instant case, as the content of the rehabilitation claim.

On the other hand, regarding the plaintiff's report on rehabilitation claims, the defendant's administrator prepared the rehabilitation claim's statement as the Si/Gun/Gu, and the above statement as the Mayor/Do governor stated the plaintiff's rehabilitation claims's acquisition value, reported value, and 2,800,000 won, which are the amount equivalent to the plaintiff's admission fees, and the remainder is denied due to excessive reporting

E. The Defendant’s custodian prepared the following rehabilitation plan and submitted it to the rehabilitation court, and on June 14, 2017, the assembly of related persons was held for the examination and resolution of the rehabilitation plan.

Part III: The method of changing rights and repaying rehabilitation security rights and rehabilitation claims.

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