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(영문) 서울중앙지방법원 2012.10.11 2012가단14706
손해배상(기)
Text

1. The Defendant’s KRW 64,257,534 as well as 6% per annum from May 30, 2012 to October 11, 2012 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant implemented the transfer procedure under the name of the Defendant’s member bank in the name of the Central Busan Savings Bank with respect to each member (proced KRW 70 million) indicated in the attached Form to the Central Busan Savings Bank Co., Ltd. (hereinafter “Central Busan Savings Bank”) (hereinafter “Central Savings Bank”), and “The judgment became final and conclusive July 9, 2009 (Supreme Court Decision 2007Da45807).

B. However, the Defendant filed a petition for retrial with the Supreme Court Decision 2009Da45807 Decided January 27, 201 with respect to the foregoing Supreme Court case without fulfilling the duty of change of entry, and the claim was dismissed on January 27, 201, the Defendant again filed a petition for retrial with the Supreme Court Decision 201Da236 Decided the dismissal of the petition, which was dismissed on October 27, 201.

C. Nevertheless, as the Defendant did not perform the transfer obligation, the Central Busan District Court filed an application for a decision of indirect compulsory performance with the Seoul Central District Court.

The defendant completed the registration of a golf club in Gangwon-do on October 22, 2003, but the National Busan Savings Bank did not recognize the status of the Central Busan Savings Bank because it did not specify the contents of membership.

E. Meanwhile, the membership in the attached list is a deposit system, the main contents of which are all the rights to preferentially use the land 47-5 in the ancient village in the Nowon-gu Seoul Special Metropolitan City and its surrounding land, and the rights to guarantee the membership, and the prescribed membership fees, for five years after the deposit of the membership fees, and the right to receive the principal from the member and the payment of usage fees, etc. when the member withdraws.

F. During the instant lawsuit, the Korea Deposit Insurance Corporation was declared bankrupt on February 23, 2012 and was appointed as a trustee in bankruptcy by the Seoul Central District Court No. 2012Hahap2, which took over the instant lawsuit.

Grounds for recognition: Facts without dispute;

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