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(영문) 서울중앙지방법원 2016.01.29 2015가합554172
부당이득금
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the litigation costs, the Plaintiff and the Defendants.

Reasons

1. Basic facts

A. The instant golf course membership issuance and transfer process 1) C Co., Ltd. (former Trade Name D Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”)

3) The instant golf course shall be deemed to be a golf course in the Ethm (hereinafter referred to as “instant golf course”).

(2) On November 21, 1989, the non-party company formed a sports facility business to operate the sports facility business, and obtained the approval of the business plan from the Do Governor of Chungcheongbuk-do on November 21, 1989, and completed the construction of a golf course from around 1992 (Evidence A 2-2). The non-party company intended to raise funds for the creation of the golf course in this case through recruitment of members. The details for which the non-party company obtained the approval

The period of membership recruitment shall be from April 1, 1992 to December 2, 1993, KRW 100 million from May 20, 1996 to May 25, 1996, KRW 80 billion from May 27, 1996 to September 30, 1996, KRW 30 billion from May 27, 1996 to September 4, 1996, KRW 30 billion from December 15, 1996 to January 30, 1997.

2. Issuance or re-issuance of golf club membership, such as entry in the membership list, and the detailed details thereof are as follows:

(A) (No. 2, No. 2-3). ① The non-party company was unable to continue to perform the construction work on June 1994 due to the shortage of funds while running the construction work on a golf course. On July 22, 1994, it borrowed KRW 4 billion with the funds for the construction of a golf course, issued a promissory note with a face value of KRW 4 billion with the funds for the repayment of loans, and created a right to collateral security on the site of a golf course at the same time, and transferred KRW 10,200 out of the shares of the non-party company with a real interest of KRW 300 and F, but if the non-party company fails to repay the loans within the due date, the plaintiff may return the collateral and dispose of it with the approval of the Korea golf course business association with respect to Chapter 300, and the plaintiff may dispose of the shares of the non-party company with the approval of 10,200.

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