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(영문) 수원지방법원 2014.11.13 2014가단517528
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Cobaland, Co., Ltd. (hereinafter “Cobaland”) is a company operating the additional Nobbbba consortium (hereinafter “instant golf course”) on several parcels, other than 181,000,000,000 won for the additional time. The Plaintiff is a member who paid 485,000,000 won to Cobaland as a security deposit, etc.

B. On November 7, 201, Co-Handland applied for the commencement of rehabilitation proceedings to the District Court, and the decision of commencement of rehabilitation proceedings was rendered on December 9, 201.

(The District Court 201 Gohap28). (c)

B. According to the order to commence rehabilitation procedures under the above provision, at the assembly of related persons for the resolution of the rehabilitation plan held on January 15, 2013, the revised rehabilitation plan (hereinafter “instant rehabilitation plan”) with the consent of 95.68% in the category of rehabilitation secured creditors, and 81.08% in the category of rehabilitation creditors, was passed. On the same day, the decision to authorize the rehabilitation plan (hereinafter “instant authorization decision”). As the period for filing an immediate appeal expires, the instant authorization decision became final and conclusive around that time.

On April 19, 2013, the Governor of the Gyeonggi-do, after the instant authorization decision, issued a disposition to revise the registration sports facility business plan, which changed the instant golf course from a membership system to a public system (hereinafter “instant disposition”).

E. On July 16, 2013, the Plaintiff filed a lawsuit seeking revocation of the registration of a sports facility on the ground that the instant disposition was unlawful (U.S. District Court 2013Guhap5851) and continues the lawsuit.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 13 (including the number of each branch), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. When converting the substance of the Plaintiff’s assertion into a public golf course, the consent of all the members shall be obtained, and the full amount of the membership deposit paid by the existing members shall be refunded, and the membership fee shall be paid by the members.

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