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(영문) 서울중앙지방법원 2017.06.23 2016가단5039326
예치금반환 청구
Text

1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Progress, etc. of the instant lawsuit

A. On September 15, 2010, Plaintiff Lat Work World Co., Ltd. decided to join a membership in new Lathere Development Co., Ltd. (hereinafter “New Development”), which is operating a membership golf course, with a total of KRW 150,000,000,000 on August 135, 2010, and KRW 150,000,000,000.

B. On February 20, 201, Plaintiff A also subscribed to the development of new technology as a member, and paid KRW 5,000,000 as a membership fee.

C. On May 23, 2016, rehabilitation procedures for new development (hereinafter “instant rehabilitation procedures”) began with the Seoul Central District Court 2016 Gohap10068, and the administrator was decided as the Defendant.

The Plaintiffs submitted to the above rehabilitation court a report on rehabilitation claim for the refund of the admission fee of this case.

The defendant, a custodian, recognized the entire claims of the plaintiffs as rehabilitation claims of the plaintiffs in the above rehabilitation court.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2-2, and Eul evidence 1, the purport of the whole pleadings

2. As to the lawfulness of the instant lawsuit

(a) Any rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act shall file a report on rehabilitation claims (Article 148(1)); when an objection is raised against any reported rehabilitation claim, all of the objectors may file an application with the court for the final claim inspection judgment (Article 170(1)); and anyone who is dissatisfied with such judgment may file a lawsuit of objection against the final claim inspection judgment with the court, with the other party (Article 170(1));

(Article 171 (1) : Provided, That where a lawsuit on rehabilitation claims is pending at the time the rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and when any objection is raised against the reported rehabilitation claims, all of the objectors as other parties to the lawsuit shall take over the litigation procedures within one month from the last day of the inspection period or from the special inspection date.

(Article 172).

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