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(영문) 수원지방법원 2020.05.13 2017가단15597
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court, April 26, 2017, authorize the final claim inspection judgment rendered by the Plaintiff to the effect that the final claim inspection judgment rendered by the Plaintiff was rendered.

2...

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. The pertinent golf club membership right is KRW 2,350,000,000, 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 at the time of the withdrawal. The Plaintiff’s grace period expired.

The Plaintiff, while reporting the instant golf membership as a rehabilitation claim in the instant rehabilitation procedure, claimed the amount as KRW 34,50,000,000,000,000,000,000 for the purchase price of the instant membership. However, the Defendant’s custodian was only 2.35

Accordingly, the Plaintiff has filed an application for the final claim inspection judgment (U.S. District Court 2016 Mada779) and sought re-determination of the same amount of rehabilitation claims. However, on April 26, 2017, the Plaintiff was determined to confirm that the Plaintiff’s rehabilitation claim against the Defendant is KRW 2,350,000. The Plaintiff is determined to confirm that there is no rehabilitation claim exceeding KRW 2,350,000 against the Defendant (hereinafter “instant final claim inspection judgment”), and filed the instant lawsuit on May 19, 2017.

In the rehabilitation procedure of this case, the rehabilitation plan approval order for the defendant on June 14, 2017 is issued.

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