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(영문) 수원지방법원 2020.08.25 2019나96614
채권조사확정재판에 대한 이의의 소
Text

The judgment of the first instance court is modified as follows. A.

Of the instant lawsuit, the rehabilitation claim amounting to KRW 4,685,00 is sought.

Reasons

1. Basic facts

A. On February 1, 2016, the Defendant filed an application for rehabilitation with the Suwon District Court 201Hun-Ga1003, as a company that owns and operates D golf courses in the wife population C (hereinafter “instant golf courses”), and a company that owns and operates condominiums, etc.

On March 7, 2016, the court decided to commence rehabilitation procedures, and decided to terminate rehabilitation procedures on June 14, 2016, and July 21, 2017.

(hereinafter “instant rehabilitation procedure”). B.

The plaintiff is a regular member who holds the defendant's golf course membership, and the regular member has the right to preferentially use the defendant's golf course and related incidental facilities.

(hereinafter “golf membership”). The Plaintiff acquired golf membership prior to the commencement of rehabilitation procedures.

The defendant's rules stipulate that the principal shall be returned at the request of the withdrawal after ten years of the membership fee paid by the member, and the period of deferment of the plaintiff's membership fee has passed.

C. The Plaintiff reported golf membership membership as a rehabilitation claim in the instant rehabilitation procedure, and entered KRW 33,215,00 as the content of the rehabilitation claim, and the Defendant’s custodian was only KRW 2,900,000 as the Plaintiff’s membership fee.

Part III General Provisions of Section A of the Method of Performance and Change of Rights on Rehabilitation Security Rights and Rehabilitation Claims

1. The definitions of terms used in this draft rehabilitation plan are as follows:

28 “Performance” includes a deposit at the time of the receipt of the obligee, and if the obligee’s personal information is not verifiable, it shall include the case in which the reimbursement is deemed to have been made by Esck by paying the corresponding amount of the claim to the account of Esc.

SECTION C: Change of Rights to Rehabilitation Claims and Method of Repayment

8. Rehabilitation claims and security deposit obligations;

(b) Method of change of rights and method of performance (1) Full amount of principal as principal shall be paid in cash on the date of repayment;

Provided, That the main rehabilitation plan shall be resolved and authorized, and shall be authorized.

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