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(영문) 수원지방법원 2020.05.22 2017가단518294
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff E shall be dismissed.

2. The term "final inspection judgment" in the attached Form of the Suwon District Court with respect to the plaintiff A, B, C, and D is the same.

Reasons

1. Basic facts

A. On February 1, 2016, the Defendant filed an application for commencement of rehabilitation procedures with the Suwon District Court 2016 Ma10003, when he/she owned and operated a J golf course and a condominium, etc. in the wife population I.

(2) The rehabilitation court held that the rehabilitation debtor F Co., Ltd. (hereinafter referred to as the “Defendant,” collectively referred to as the “Defendant”), the rehabilitation debtor F Co., Ltd. (hereinafter referred to as the “Rehabilitation Court”) decided to commence the rehabilitation procedure on March 7, 2016, the rehabilitation procedure approval order on June 14, 2017, and the rehabilitation procedure closure order on July 21, 2017.

B. The Plaintiffs are regular members who have golf membership rights to preferentially use the Defendant’s golf course and its incidental facilities (hereinafter “instant golf membership”).

Each admission fee for golf membership of the plaintiffs in this case is KRW 5.7 million, Plaintiff B 2.9 million, Plaintiff C 4.4 million, Plaintiff D, and E respectively.

C. The Defendant’s rules stipulate that a member’s membership fee shall be paid in ten years, and the principal shall be returned at the request of the withdrawal, and the period of deferment of the Plaintiff’s membership fee at the time of the decision on commencing the instant rehabilitation procedure. D.

The Plaintiffs reported the instant golf membership as a rehabilitation claim in the instant rehabilitation procedure, and recorded golf membership on the grounds of the rehabilitation claim. The details of the rehabilitation claim include the following: (a) golf membership usage rights (right to use) based on the acquisition value and acquisition value of golf membership; and (b) did not enter any particular details; and (c) stated the amount of the voting right equal to the acquisition value

E. Meanwhile, the Defendant’s custodian prepared a rehabilitation claim draft statement, and the content of the rehabilitation claim of Plaintiff A, C, D, and E is an admission fee, reported value, and the acquisition value of Plaintiff A, C, D, and E, and the market value.

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