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

The purport of the claim and appeal is the purport of the appeal.

A. C operated a golf range, a strike-3 golf course, and an indoor swimming pool, etc. (hereinafter “instant golf driving range”) with the trade name “E” in the wife population D from around 1996.

B. On November 29, 2004, the Plaintiff entered into a membership agreement with C on the acquisition of the right to use the instant golf practice range (hereinafter “instant membership agreement”).

The main contents of the present membership agreement are as follows.

Article 2 (Term of Contract)

1. This contract shall be three years from the date of full payment of the membership fee.

2. After the expiration of the contract period, both parties shall automatically renew if they do not raise any objection within 30 days.

Article 3 (Methods of Admission and Payment)

2. The Plaintiff shall pay the membership fee to C’s bank account, and the Plaintiff shall be liable for all the problems caused by other means of payment.

3. C shall refund the membership fee at no interest rate after the expiration of the contract period.

C. C established the F Co., Ltd. on June 17, 2006 (hereinafter “F”) and invested the instant driving range in kind in F.

F The F made a repayment while suffering from business difficulties, while the F was unable to be supplied with urban gas on February 13, 2008 due to the failure to pay the urban gas fee, and notified all members including the Plaintiff of the closure of the place of business on February 18, 2008.

Around that time, all employees of F submitted a letter of apology en bloc, and the driving range of this case was left unattended in the state of business suspension.

D. The Defendant acquired the ownership of the instant golf practice range by obtaining a successful bid of the instant golf practice range on December 1, 201, in the procedure of the Suwon District Court G compulsory auction on real estate and the duplicate auction on H real estate auction.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties' arguments

A. On November 29, 2004, the Plaintiff entered into the instant membership agreement with C on November 29, 2004, and around that time, 12 million won in cash.