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(영문) 서울회생법원 2020.01.20 2019가단100408
채권조사확정재판에 대한 이의의 소
Text

1. The Seoul Rehabilitation Court Decision 2017 Ma100301 dated February 20, 2019 shall be amended as follows:

Reasons

Based on the facts, the Plaintiff is a company established on November 25, 2005 and operated C (former name was “D” and “E” but only “instant golf course” in this case). The Defendant is a member who acquired the instant golf course’s regular membership right (F; hereinafter “instant membership right”) and used the instant golf course.

On September 28, 1989, G Co., Ltd. (hereinafter referred to as “G”) established the instant golf course facility in the size of 18 holes after obtaining approval from the Gyeonggi-do Governor to build a membership golf course in the size of 18 holes. On December 24, 1994, under the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Act”), the Gyeonggi-do Governor registered sports facility business as the name of “D” and started the instant golf course business by inviting members.

2) G’s failure to repay around November 1997, the entire site of 27 holes of the instant golf course, including the site of 18 holes of membership golf course and the building of the club club located in the entire site of the instant golf course (hereinafter “instant golf course site, etc.”).

5) Of the members of G, 564 members of G contributed to KRW 58,00,000 per capita for the purpose of purchasing the site, etc. of the instant golf course 18 holes, and thereby, H Co., Ltd. (hereinafter “H”).

(3) On October 21, 2003, H purchased the instant golf course site, etc., and completed the registration of ownership transfer in its name on August 13, 2001, H operated the instant golf course with the name of “D” from April 2002, after completing the registration of ownership transfer in its name. Meanwhile, H acquired all the rights following the registration of the instant golf course from G on October 21, 2003 by acquiring the ownership of the instant golf course.

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