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1. The Suwon District Court approves the final claim inspection judgment of the Plaintiff on April 26, 2017 at 2016 as the final claim inspection judgment.
2...
Reasons
1. Basic facts
A. On February 1, 2016, the Defendant filed an application for rehabilitation on March 7, 2016, pursuant to the Suwon-si District Court Decision 201Mo1003, the rehabilitation procedure was completed on July 21, 2017, and the rehabilitation procedure was completed on July 21, 2017.
(hereinafter “instant rehabilitation procedure”). B.
The plaintiff is a regular member with golf membership with a right to preferentially use the defendant's golf course and related incidental facilities, and the admission fee is KRW 2.9 million, and the defendant's golf course rules provide that the principal shall be returned upon the request of the plaintiff after ten years have passed from the admission fee paid by the member. The plaintiff's grace period expired.
C. The Plaintiff, while reporting golf membership membership rights as rehabilitation claims in the instant rehabilitation procedure, claimed the amount of KRW 46 million as the amount of membership purchase, but the Defendant’s custodian was only the amount of membership fees.
Accordingly, the plaintiff applied for the final claim inspection judgment and again sought confirmation of the rehabilitation claim amounting to 46 million won, but only the amount of the security deposit was recognized as the rehabilitation claim amount in the final claim inspection judgment of the Suwon District Court on April 26, 2017.
(hereinafter “this case’s final inspection judgment”). D.
On the other hand, on June 14, 2017, the Suwon District Court issued the rehabilitation plan approval for the defendant, and the authorized rehabilitation plan determined that when the total amount of the rehabilitation claim of the plaintiff in cash is repaid in cash (including payment deposits), the rights of the plaintiff, including golf facility usage rights, as a member of the plaintiff are extinguished.
The above decision was final and conclusive through a complaint or reappeal.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 5, 6, 7, evidence Nos. 4-1 and 4-2, the purport of the whole pleadings
2. Golf membership of the Plaintiff asserted by the Plaintiff is not only the right to claim the refund of membership fees.