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(영문) 수원고등법원 2020.04.23 2019나10169
채권조사확정재판에 대한 이의의 소
Text

1. The judgment of the first instance, including the plaintiffs' preliminary claims added by this court, shall be modified as follows.

Reasons

1. Basic facts

A. Since its establishment on March 13, 1971, the Defendant applied for commencement of rehabilitation procedures on February 1, 2016, the Suwon District Court 201hap1003, and received the commencement of rehabilitation procedures on March 7, 2016, while owning and operating the instant golf course and the condominium located in the wife population R (hereinafter “instant golf course”).

(hereinafter referred to as the “instant rehabilitation procedure”). B.

The plaintiffs are members holding the defendant's right to regular membership of the golf course, and regular members have the right to preferentially use the defendant's golf course and related incidental facilities.

The plaintiffs acquired the defendant's right to regular membership of the golf course before the rehabilitation procedure of this case begins, and each admission fee shall be as stated in the "amount of final inspection judgment" column of attached Table 1.

(B) The Plaintiff’s golf club membership (hereinafter “the instant golf club membership”). The Defendant’s rules stipulate that the principal shall be returned upon the request of the relevant golf club membership after the membership fee paid by the member was collected for ten years, and the period of the instant golf club membership fee was passed.

C. In the rehabilitation procedure of this case, the Plaintiffs submitted to the rehabilitation court the report statement on the rehabilitation claim or the report statement on the subsequent completion of the rehabilitation claim (hereinafter the above report statement on the rehabilitation claim of this case without distinguishing them from each other) and reported their rehabilitation claims.

The details of the reason and contents of the report on rehabilitation claims of this case and the amount of voting rights are as stated in the report on rehabilitation claims of the Plaintiffs in attached Form 3. The copy of the sales contract prepared at the time of purchase of golf membership in this case and the copy of the payment receipt of acquisition tax were attached as evidentiary documents.

With respect to the report of rehabilitation claims by the plaintiffs, Qa Co., Ltd. (hereinafter referred to as the "defendants" in total of the rehabilitation procedures in this case).

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