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(영문) 서울고등법원(춘천) 2019.06.05 2019나50401

입회보증금 반환 청구

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the parts added or added as follows, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

The fourth 6-8 lines of the judgment of the first instance court shall be drawn up as follows.

【The Plaintiffs did not acquire membership of the instant golf club because they did not meet the requirements prescribed in Articles 9 and 15 of the instant Rules, since they did not receive membership cards from the Defendant.

The judgment of the court of first instance shall be 12 to 5. The defendant's 2nd 12 lines of the judgment are as follows. The defendant's 2nd 12th 12th 5th son of the golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case's golf club of this case'

However, in the legal brief of July 4, 2018, the Defendant recognized the fact that the Plaintiffs acquired membership from D and G, on August 30, 2016, and each transfer of the Plaintiff B on October 31, 2016, respectively, was made under the Plaintiff’s name, and Article 18 of the Installation and Utilization of Sports Facilities Act and Article 19 subparag. 4 of the Enforcement Decree of the same Act provide that sports facility business entities shall issue membership cards to the members who acquired membership within 30 days. Nevertheless, since the Defendant still did not issue membership certificates to the Plaintiffs, if it is interpreted that the Plaintiffs did not acquire membership of the instant golf club, the Defendant would be free to deny the Plaintiffs’ membership by not issuing membership certificates, and this is a membership of the instant golf club.