입회금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts B: (a) operated a driving range, strike-3 golf course, indoor swimming pool, etc. (hereinafter “instant driving range, etc.”) with the trade name “D” in the wife population C from around 1996, and (b) established Co., Ltd. E (hereinafter “E”) on June 17, 2006 and invested the instant driving range, etc. in kind in E.
The Plaintiffs entered into a membership agreement with B or E, from around 2003 to around 2008, stating that the Plaintiffs shall pay membership fees according to the grade or type of members and acquire the right to use the instant golf driving range, etc. (hereinafter collectively referred to as “each of the instant membership agreements”, and individually referred to as “the Plaintiff and B/E,” and the main contents thereof are as follows.
(1) The contract period shall be three or five years from the date of full payment of the membership fee (Article 2(1)). (2) If both parties raise an objection within 30 days after the expiration of the contract period if both parties raise an objection (Article 2(2)). (3) B/E shall refund the membership fee to the unpaid interest after the expiration of the contract period
(Article 3(3) of the Plaintiffs: (a) Plaintiff F, G, H, I, and J are the successors of the network K, Plaintiff L, M, N, andO as the successors of the network P; (b) the above network K entered into each of the instant membership agreements on July 18, 2006; and (c) the network P on May 16, 2002; and (b) the above successors succeeded to the status of members under the membership agreement of the deceased.
Around the date of conclusion of each of the instant membership agreements, each of the parties paid to B or E all or part of the amount of membership fees under each of the above membership agreements.
E, while failing to pay urban gas fees on February 13, 2008, due to the failure to pay urban gas fees, E, on February 18, 2008, notified all members including the Plaintiffs of the closure of the place of business, submitted a letter of resignation en bloc by all employees around that time, and thereafter, the driving range of this case.