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(영문) 전주지방법원 2014.01.17 2013가단14035

입회보증금반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 1, 2002, non-junland Co., Ltd. (hereinafter “Non-junland”) newly built an aggregate building of 27 and 52 square meters in the name of D Condominium (hereinafter “the instant site”) with the size of 50504 square meters (hereinafter “instant site”) in the name of 906 square meters in the previous non-Yju-gun, non-U.S., the company obtained business approval from the Governor of Jeollabuk-do in order to operate a resort condominium.

B. (1) On May 25, 2006 and September 28, 2006 between the Plaintiff and A, under the pretext of payment in lieu of the said Plaintiff’s debt (360 million won), the Non-American Ireland entered into an membership agreement with the Plaintiff setting the object as KRW 63,60,000,000,000,000 for the purpose of payment in lieu of the said Plaintiff’s debt (360,000,000 won); the object is 43 square meters and 40 square meters; and the object is 20,000,000 square meters for payment in lieu of the said Plaintiff’s debt (80,000 won) between the Plaintiff B and B on May 30, 2006; the object is 43 square meters and 39 square meters; and the object is 29 square meters and 200 square meters.

(2) According to the instant contract, the period of holding membership shall be five years from the date of acquiring membership (Article 4(2)), and if the Plaintiffs’ claim for return is made after the expiration of the period of holding membership, the State-owned Grandland shall return the principal of the membership fee within 10 days from the date of the request (Article 5(1)).

C. (1) Meanwhile, as to the instant site at the time of the instant contract, the right to collateral security, the mortgagee of the right to collateral security on May 7, 2004, as Gwangju Bank, with the maximum debt amount of KRW 5.85 billion, was set up as E on May 18, 2006, with the maximum debt amount of KRW 1.2 billion, respectively. However, on December 29, 2006, the voluntary auction on the instant site was conducted as F in this Court upon the application of the Gwangju Bank, Inc., Ltd. on December 28, 2008; and on February 28, 2008, the mutual joint stock company B&S and Green Leisure Development Co., Ltd., Ltd. prior to the alteration of the Busan P&T, Inc., Ltd., the right to collateral security was set up as E.