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(영문) 서울고등법원 2013.01.11 2011나52958
대여금
Text

1. At the time of exchange change and addition in the trial of Plaintiff A Co., Ltd.:

A. The defendant is the plaintiff.

Reasons

1. Basic facts

A. The Defendant’s establishment and operation process of the instant golf course (1) is a juristic person established for the purpose of the operation of the golf course, and the Defendant currently operates a deposit membership golf course (hereinafter “instant golf course”) located in Gwangju City, Gwangju-si, 156-1, a deposit membership golf course (hereinafter “instant golf course”).

(2) On September 28, 1989, the Korea-do Governor registered sports facility business with the name of the Gyeonggi-do Governor on the condition that the establishment of the instant golf course on a scale of 18 holes by obtaining the approval of the business plan to build a membership golf course with a scale of 156-1 meters located in the 156-1, Myeon-ri-ri-ri-ri-ri-ri-ri-si, Gwangju-si, and that the establishment of the instant golf course was carried out by the Gyeonggi-do Governor under the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Act”) on December 24, 1994, on the condition that the public golf course in nine holes is annexed to the sports facility business.

(3) However, on November 197, when the Plaintiff recruited its members to operate a golf course in the instant golf course, the Plaintiff defaulted on and around 1997. Upon the application of the Daelim Industrial Co., Ltd., which was the contractor of the instant golf course, auction was initiated on some of the instant golf course sites (18 holess in the entire 27 holes), and the building site, such as a golf club, (hereinafter “instant site, etc.”).

(4) Of the members on board tourism, 564 members, 58 million won per person (a loan of KRW 1 million and KRW 57 million per person) were to be awarded a successful bid for the instant golf course site, etc. on April 16, 2001, she established Ora-do Tourism Development Co., Ltd. (hereinafter “Mol Tourism”). Ora-do Tourism was awarded a successful bid for the instant golf course site, etc. on August 13, 2001 and paid the price on August 13, 2001 and received the instant golf course site, etc. on March 25, 2002 after completing the registration of transfer of ownership in its name. The articles of incorporation prepared by a temporary general meeting of shareholders on September 24, 2001 by Ora Tourism’s temporary resolution was “ Of members of the existing sports-con-law club.”

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