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(영문) 수원지방법원성남지원 2011.08.09 2010가합14472
부당이득금
Text

1. The Defendant’s KRW 300,000,000 as well as its annual 6% from August 27, 201 to August 9, 201.

Reasons

1. Basic facts

A. The Defendant is operating “D” as a membership golf course in Gwangju City, a membership golf course (hereinafter “instant golf course”), and the Plaintiff is a preferential standing member of the instant golf course.

B. The Defendant’s establishment background and the instant golf course operation 1) E Co., Ltd. (hereinafter “E”).

(1) On September 28, 1989, the Governor of the Gyeonggi-do obtained approval from the Governor of the Gyeonggi-do to establish a golf course of 18 holes in size, including golf courses, with the establishment of a golf course facility of 18 holes in size, such as a golf course, from the Governor of the Gyeonggi-do.

(B) The registration of the sports facility business with the trade name “F” (hereinafter “registration of the instant golf course business”) to the Gyeonggi-do Governor on the condition that the public golf course in nine holes is attached thereto.

2) After registering the instant golf club business, E had recruited its members and operated the instant golf club business at around November 1997, and the land, including the site of the instant golf club and the building, including the club site, was put up for auction.

3) Of the members of E, 564 members of G Co., Ltd. (hereinafter “G”) invested 58 million won per person (one million won of stock acquisition price, five seven million won of loan, and 57 million won) for the purpose of being awarded a successful bid for the instant golf course site, etc.

G established the instant golf course site, etc. on April 16, 2001 and awarded a successful bid for the same year.

8. 13. Around March 25, 2002, after full payment of the successful bid price and completing the registration of ownership transfer under its name, the instant golf course site, etc. was received from E, and around April 2002, the instant golf course business was actually conducted under the name of “F”, which is the trade name on the registration of the instant golf course business.

After that, the name of the instant golf course was changed to H.

4. On the other hand, E shall be Shee, Shee, Co., Ltd. on October 21, 2003.

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