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(영문) 서울회생법원 2020.01.20 2019가단100293
채권조사확정재판에 대한 이의의 소
Text

1. The Seoul Rehabilitation Court shall authorize the final claim inspection judgment 2017 P.C. 517 dated February 1, 2019.

2. The costs of lawsuit shall be.

Reasons

Based on the facts, the Defendant is a company that established on November 25, 2005 and operated a consortium (former name is “D consortium” and “E consortium” but hereinafter referred to as “instant golf club”). The Plaintiff is a member who acquired the instant golf club’s regular membership rights (hereinafter referred to as “instant membership rights”) and used the instant golf club.

On September 28, 1989, G Co., Ltd. (hereinafter referred to as the “G”) established the instant golf course facilities of 18 holes in size after obtaining approval from the Gyeonggi-do Governor to build a membership golf course with a scale of 18 holes from September 28, 1989. On December 24, 1994, under the Installation and Utilization of Sports Facilities Act (hereinafter “ Sports Facilities Act”), the Gyeonggi-do Governor registered the sports facility business under the name of “Dconium” with the condition that the instant golf course is annexed to nine holes in size, and started the instant golf course business by inviting its members.

2) G’s failure to repay around November 1997, the entire site of 27 holes of the instant golf course, including the site of 18 holes of membership golf course and the building of the club club located in the entire site of the instant golf course (hereinafter “instant golf course site, etc.”).

5) Of the members of G, 564 members of G contributed to KRW 58,00,000 per capita for the purpose of purchasing the site, etc. of the instant golf course 18 holes, and thereby, H Co., Ltd. (hereinafter “H”).

(3) On August 21, 2003, H established the instant golf course in the above auction procedure, and completed the registration of transfer of ownership in its name on August 13, 2001, and thereafter, H operated the instant golf course under the name of the said “DD D D D D DD club” from April 2002. Meanwhile, I and J Co., Ltd (hereinafter “I et al.”) on October 21, 2003, with all rights arising from the registration of the instant golf course from G.

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