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(영문) 전주지방법원 2018.04.25 2017가합3481
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs, as members of G golf course operated by the non-party company (hereinafter “instant golf course”), paid a membership fee to the non-party company as follows, and acquired membership by entering into the instant golf course membership agreement with the non-party company.

Article 8(1) of the Rules of the golf club of this case provides that the non-party company shall deposit the membership fee with no interest for ten years, and return it to the company for reasons such as withdrawal. Article 14 provides that the member of the company may not request the withdrawal from the association within the prescribed deposit period without the approval of the company.

Even after the expiration of the deposit period, the Plaintiffs filed a lawsuit against the non-party company seeking the return of the membership fee (the Jeonju District Court 2017Gahap2013) and received a settlement recommendation decision, and the said decision was finalized on October 31, 2017.

K on August 23, 2005, the establishment of the membership fee refund claim of K on August 23, 2005, and on May 11, 2017, 2017 (the service time of a copy of the complaint issued by Jeonju District Court 2017Gahap2013) No. 10, L. 240,000 won on August 25, 2005, Nov. 20, 2006, N. 240,000 won on September 40, 2007.

From May 13, 2003 to operate the instant golf course, the non-party company entered into a security trust agreement and a trust modification agreement with the Defendant to obtain loans from H organizations (hereinafter “H organizations”) as follows and secure the obligation to repay the loans:

1) The amount of loans under the first trust agreement (the first beneficiary of June 27, 2003 and May 13, 2003 of the loan date): The first beneficiary of the first beneficiary of the first beneficiary of the first trust agreement of 42 billion won: the first beneficiary of the first beneficiary of the first trust agreement of 54.6 billion won: the amount of loans under the second trust agreement (the second trust agreement of 193 lots, other than the first forest and forest land of 193: December 27, 2007 and December 28, 2007 of the loan date): the first beneficiary of the first priority agreement of 50 billion won: the third trust agreement of 65 billion won (the 3th trust agreement of H organization's profits): the second trust agreement of 20 billion won (the date of loan December 20, 2012; the date of loan; December 22, 2012).

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