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(영문) 인천지방법원 2016.08.31 2015나14976

가입비반환

Text

1.The judgment of the first instance shall be modified as follows:

Upon a selective claim added at the trial, the defendant shall be the defendant.

Reasons

1. Basic facts

A. In around 1995, the Plaintiff entered into a lease agreement with the Korea Rural Community Corporation and the Korea Rural Community Corporation, and obtained approval for the use (water-related leisure business) of the reservoir located in the D reservoir for purposes other than the above construction.

B. The defendant is an incorporated association established pursuant to Article 28-2 of the Water-Related Leisure Activities Safety Act.

C. On June 27, 2013, the Plaintiff filed an application with the Defendant for the joining of the Young-do Branch under the Defendant for the purpose of conducting the education on exemption from license examination, and the mediation license examination as prescribed in Articles 7 and 14 of the Water-Related Leisure Activities Safety Act.

On July 10, 2013, the Defendant held a board of directors to approve the joining of the Gandong Branch, and decided the registration expenses of the branch to KRW 50,000,000, and the designation expenses of the operator license examination agency and the exempted educational institution to KRW 5,00,00.

On October 29, 2013, the Plaintiff paid KRW 50,000,00 (hereinafter “instant registration fee”) to the Defendant, and was appointed from the Defendant as the Defendant-affiliated Branch on November 11, 2013.

E. On March 13, 2014, the registration was completed on the register of the Defendant’s corporate body, which was established as of February 28, 2014.

F. On May 8, 2014, on the part of the Defendant, on May 8, 2014, the Yongsan-gu Branch declared that “I would no longer inform the Defendant of the title of the most important waters at the time of the request for the approval of the branch, or the situation in which the amendment of the articles of incorporation is pending at the time of the request for the approval of the branch. I would no longer trust the Association. I would request the withdrawal of the branch and the return of KRW 50 million for the establishment of the branch.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 13, Eul evidence No. 1, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff asserted against the Defendant as the primary primary cause of the claim; and (b) the Plaintiff’s assertion.