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(영문) 수원지방법원 2021.01.20 2017가단519129
채권조사확정재판에 대한 이의의 소
Text

1. On April 25, 2017, the Suwon District Court recognized the final and conclusive judgment of the Plaintiff’s 2016 claim investigation.

2...

Reasons

1. Basic facts

A. While the Defendant owned and operated a F golf course in the population E (hereinafter “instant golf course”) and a condominium, etc., on February 1, 2016, the Defendant filed an application for the commencement of rehabilitation proceedings with the head of Si/Gun/Gu meeting of 2003/1000 of the Suwon-si District Court (hereinafter “Rehabilitation proceedings”). The court (hereinafter “the rehabilitation court”) rendered a decision to commence rehabilitation proceedings on March 7, 2016 with respect to the debtor B (hereinafter “Defendant”) (hereinafter “the rehabilitation court”); the decision to commence rehabilitation proceedings on June 14, 2017; and the decision to grant authorization of the rehabilitation plan on July 21, 2017.

B. The Plaintiff is a regular member holding the Defendant’s golf course membership, and the regular member has the right to preferentially use the Defendant’s golf course and related incidental facilities (hereinafter “gol golf membership”). The Plaintiff acquired golf membership before the rehabilitation procedure commences.

The defendant's rules set that the principal shall be returned at the request of the withdrawal, after ten years of the membership fee paid by the member, and the period of suspension of the plaintiff's membership fee has passed.

(c)

The Defendant’s custodian (hereinafter “manager”) prepared a list of creditors of rehabilitation in the rehabilitation procedure pursuant to Article 147 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) and submitted it to the rehabilitation court.

The grounds and contents of rehabilitation claims and the amount of determination of the right to the rehabilitation claim in the list of creditors shall be as follows:

The grounds for rehabilitation claims: The content of a golf rehabilitation claim: The amount equivalent to the amount of voting rights equivalent to the membership fees of golf membership: The amount equivalent to the membership fees of golf membership.

D. The Plaintiff reported golf membership rights as rehabilitation claims in accordance with Article 148 of the Act in the rehabilitation procedure.

The details of the report on rehabilitation claims include the cause and contents of the rehabilitation claim, and the amount of the right to make a decision are as follows.

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