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(영문) 수원지방법원 2020.05.22 2017가단14730
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final claim inspection judgment (No. 2016) No. 251 dated April 17, 2017;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant, on February 1, 2016, filed an application for commencement of rehabilitation procedures with the Suwon District Court 201 Gohap1003, while holding and operating a F golf course in the wife E (hereinafter “instant golf course”) and a condominium, etc.

(2) The rehabilitation court (hereinafter “Rehabilitation Court”) decided to commence rehabilitation procedures on March 7, 2016, the rehabilitation debtor Company B (hereinafter “Defendant”), the rehabilitation debtor Company B (hereinafter “Defendant”), the decision to commence rehabilitation procedures on March 7, 2016, the decision to commence rehabilitation procedures on June 14, 2017, and the decision to discontinue rehabilitation procedures on July 21, 2017.

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

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

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, while reporting golf membership rights as rehabilitation claims in the instant rehabilitation procedure, claimed the amount of KRW 85 million with the purchase amount of membership rights. However, the Defendant’s custodian recognized only KRW 10,90,000 as membership fees.

Accordingly, the Plaintiff applied for the final claim inspection judgment as the Suwon District Court 2016da251.

On April 17, 2017, the rehabilitation court rendered a decision that "the plaintiff's rehabilitation claim against the defendant does not exist beyond KRW 10,90,000,000,000, which is the membership fee (hereinafter "the final inspection judgment of this case")" (hereinafter "the plaintiff filed the lawsuit of this case against the plaintiff.

E. Meanwhile, as seen earlier, the rehabilitation court against the Defendant on June 14, 2017.

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