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(영문) 수원고등법원 2020.04.23 2019나10701
채권조사확정재판에 대한 이의의 소
Text

1. The judgment of the first instance, including the Plaintiffs’ preliminary claims added by this Court, shall be modified as follows:

Reasons

1. Basic facts

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 K golf courses in the wife population J (hereinafter “instant golf courses”) and condominiums, etc., and filed an application for rehabilitation with the Suwon District Court 2016 Ma1003.

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.

B. The Plaintiffs are regular members with golf membership with the right to preferentially use the Defendant’s golf course and related incidental facilities. The Defendant’s golf course rules provide that the principal shall be refunded upon the request of the Plaintiff after ten years have passed from the membership fees paid by the members. The Plaintiffs’ grace period has expired.

C. The Plaintiffs reported golf membership membership as a rehabilitation claim in the rehabilitation procedure. The Plaintiffs entered golf membership or golf membership membership fees on the grounds of the rehabilitation claim, and entered the acquisition value of golf membership in the content of the rehabilitation claim or did not enter any particular details, and the amount of the voting right was the same as the acquisition value.

With respect to the report of the rehabilitation claim of the plaintiffs, the defendant administrator recognized the amount of the plaintiffs' respective admission fees from the amount stated at the time of reporting the rehabilitation claim, and denied the remainder on the grounds of excessive report.

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 General Provisions of Section A of the Method of Performance and Change of Rights on Rehabilitation Security Rights and Rehabilitation Claims

1. The definitions of terms used in this draft rehabilitation plan are as follows:

28 “Performance” includes a deposit at the time of the receipt of the obligee, and where the identity of the obligee is not verified, it shall be deemed to be the account of 3 Esck.

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