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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 원고와 (주)햄튼 사이의 질권설정 1) 원고(변경전 상호 : 주식회사 현대스위스저축은행)는 2010. 12. 8.경 (주)햄튼과 사이에 회생채무자 태양시티건설(주)(이하 ‘태양시티건설’이라고 한다
) 발행의 골프회원권(회원번호 E80-12-0076, 회원성명 : (주)햄튼, 회원권구분 : VVIP 1구좌, 입회보증금 13억 원, 이하 ‘VVIP 골프회원권’이라고 한다
2) As to the establishment of a pledge agreement, a pledge agreement was concluded (hereinafter referred to as “instant pledge”).
). 2) (주)햄튼은 2010. 12. 8.경 태양시티건설에게 질권 설정 사실을 통지하였다.
B. On April 30, 2012, the rehabilitation procedure commenced on April 30, 2012 with respect to the decision to commence the rehabilitation procedure and the decision to obtain the rehabilitation plan for solar construction (the decision to obtain the rehabilitation plan) and the reporting period for rehabilitation claims was fixed from May 15, 2012 to June 4, 2012 (the Seoul District Court Order 201Du24 dated April 30, 2012) (the decision to obtain the authorization of the rehabilitation plan on September 25, 2013) and the main contents relating to the instant case are as follows:
(U) On September 25, 2013, Korea District Court Order 2012 Ma24 dated September 25, 2013)
5.The principal and interest on the obligation to return membership fees - the principal and interest prior to commencement - the principal and 17% of the interest prior to commencement shall be paid in cash and the remainder shall be converted into equity investment.
On the other hand, upon the resolution of the rehabilitation plan, all rights as members, including the right to use golf clubs Q clubs creditors as well as the right to use golf clubs Q., shall be extinguished.
Interest after the commencement - Full exemption was made.
다. (주)햄튼의 회생채권조사확정 재판 신청 한편, (주)햄튼은 2012. 7. 18. 태양시티건설의 공동관리인을 상대로 회생채권확정의 신청을 하여 2014. 2. 5. 회생법원으로부터 '태양시티건설 발행의 골프회원권 LVIP 1장, 이하 'LVIP 골프회원권'이라고 한다
(b).