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(영문) 서울중앙지방법원 2018.04.13 2017가합560669
정회원지위확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

From 1970 to 1970, the Defendant is a company running a golf club (hereinafter “instant golf club”) with both sides of the wife population at the south-ro 112.

Plaintiff

A acquired membership rights (member number C, D, and E) of the instant golf course from December 7, 2006 to October 17, 2007, respectively, and Plaintiff B acquired membership rights (member number F) of the instant golf course around October 2007.

On February 1, 2016, the Defendant applied for commencement of rehabilitation proceedings as Suwon District Court 2016 Ma1003, and received a decision on commencement of rehabilitation proceedings from the above court on March 7, 2016.

In the instant rehabilitation procedure, the rehabilitation plan (hereinafter “instant rehabilitation plan”) passed on June 14, 2017 with respect to the Defendant and rendered a final decision to authorize the rehabilitation plan on the same day. The rehabilitation procedure was completed on July 21, 2017.

According to the instant rehabilitation plan, a golf course member’s claim is classified into “a golf course obligation” and the method of changing the right and repayment is as follows.

The full principal amount of the rehabilitation claim security deposit (g) shall be repaid in cash on the date of repayment: Provided, That the resolution and authorization of the rehabilitation plan were adopted and all rights as members, including the right to use the facilities of the right of the creditor of the security deposit (including the transferee of the claim), if the full principal amount was repaid by the date of authorization, are extinguished. The principal amount of the Plaintiff A’s time limit shall be KRW 12,720,000, and the principal amount of the Plaintiff B’s time limit shall be KRW 280,000,000, but the Defendant deposited KRW 12,720,000,000 as the principal of the rehabilitation claim on September 1, 2017 by the Plaintiffs’ refusal to receive the repayment of the said rehabilitation claim, and KRW 2,80,000,000 as the principal of the deposited person as the Plaintiff B on August 29, 2017.

The Plaintiffs filed an immediate appeal against the authorization decision of the instant rehabilitation plan by Seoul High Court (Seoul High Court 2017Ra20750) around July 11, 2017, but was dismissed by the said court around March 8, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 5, and .

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