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(영문) 수원지방법원 2020.05.12 2017가단14228
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final claim inspection judgment (No. 2016) No. 430 dated April 18, 2017;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant, on February 1, 2016, filed an application for commencement of rehabilitation procedures with the Suwon District Court 2016 Ma1003, while holding and operating a golf course and a condominium in the wife E, which was located in the wife population E.

(2) The rehabilitation court held that the rehabilitation debtor B (hereinafter referred to as the “Defendant,” collectively before and after the rehabilitation procedure and the change thereof, the rehabilitation court decided to commence the rehabilitation procedure on March 7, 2016, the rehabilitation procedure approval order on June 14, 2017, and the rehabilitation procedure closure order on July 21, 2017, respectively.

B. The Plaintiff is a member who has golf membership that is a right to preferentially use the Defendant’s golf course and its incidental facilities (hereinafter “instant golf membership”).

On the other hand, Article 6 of the defendant's rules provides that the principal of the member's membership fee shall be returned at the request of the withdrawal association after a ten-year grace period, and the period of deferment of the plaintiff's membership fee at the time of the decision to commence the rehabilitation procedure of this case was passed.

C. The Plaintiff, while reporting the instant golf membership as a rehabilitation claim in the instant rehabilitation procedure, claimed KRW 45 million as the actual purchase price for the amount of the claim, but the Defendant’s custodian (hereinafter “manager”) was only 1.2 million won, which is the amount equivalent to the admission fee.

Accordingly, in order to determine the right to the total amount reported, the Plaintiff filed an application for the final claim inspection judgment with Suwon District Court 2016da430, but the above court rendered a decision on April 18, 2017 that “the Plaintiff’s rehabilitation claim against the Defendant does not exist beyond KRW 1.2 million, which is the membership fee,” and the Plaintiff filed the instant lawsuit against this objection.

E. The custodian shall include the following:

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