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(영문) 서울회생법원 2020.01.20 2019가단100354
채권조사확정재판에 대한 이의의 소
Text

1. The Seoul Rehabilitation Court shall authorize the final claim inspection judgment of 2018 P.C. 153 dated April 8, 2019.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant’s establishment and the circumstances leading to the operation of the instant golf course are corporations established for the purpose of running the golf course, and the Defendant is a deposit membership golf course in Gwangju City D (hereinafter “instant golf course”).

(2) On September 28, 1989, F Co., Ltd. (hereinafter referred to as “F”) had obtained approval from the Governor of the Gyeonggi-do to build a membership golf course of 18 holes in the Gwangju-si, Gwangju-si, with the establishment of the instant golf course facility of 18 holes in size. On December 24, 1994, under the Installation and Utilization of Sports Facilities Act (hereinafter referred to as the “ Sports Facilities Act”), on the condition that a public golf course of 9 holes is annexed to a public golf course, the sports facility business was registered under the Governor of the Gyeonggi-do as “G”.

3) However, F had recruited its members from the instant golf course and conducted the golf course business on November 1997, and had the Plaintiff defaulted. Upon the application of H Co., Ltd., which was the contractor of the instant golf course, F, upon the application of the said H Co., Ltd., the part of the instant golf course site (18 holes in the site of membership golf course among all 27 holes), and the building, such as a golf club, (hereinafter “instant site, etc.”).

4) Of the members of F, 564 out of the instant golf course site, etc. was established as I Co., Ltd. (hereinafter “I”) by contributing 58 million won per capita (one million won for stock acquisition, loan 57 million won) in order to obtain a successful bid for the instant golf course site, etc., and I paid the price on April 16, 2001 by winning the instant golf course site, etc., and received the instant golf course site, etc. on March 25, 2002 after completing the registration of ownership transfer under its name.

However, the articles of incorporation established by the resolution of the temporary general meeting of shareholders on September 24, 2001 stipulated that “A person who paid KRW 58 million to I among existing members of G shall have the status as a shareholder and a member only.” In fact, I, while operating the instant golf course as a shareholder membership golf course, is operating the previous golf course as a shareholder membership golf course.

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