입회금반환 청구의 소
1. The defendant shall pay 400,000,000 won to each of the plaintiffs and 20% per annum from November 13, 2013 to the date of full payment.
1. Basic facts
A. The Defendant is a legal entity that operates “N” (hereinafter “N”) which is a deposit membership golf course in the MU in Gwangju City, and the Plaintiffs are those who have acquired the right to regular membership of the instant golf course.
B. The Defendant’s establishment background 1) O Co., Ltd. (hereinafter “O”)
(1) On September 28, 1989, the Plaintiff established the instant golf course facilities in the size of 18 holes with the approval of the project plan for the construction of a membership golf course in the size of 18 holes from the Gyeonggi-do Governor, and on December 24, 1994, the Installation and Utilization of Sports Facilities Act (hereinafter “the Installation and Utilization of Sports Facilities Act”).
(2) On the other hand, on the other hand, the Gyeonggi-do Governor registered as sports facility business under the name of “P” under the condition that a character golf course of nine holes is annexed to the instant golf course, and recruited its members and started the instant golf course business. (2) After which the O defaulted on November 1997, among the entire site of the instant golf course, the auction procedure was initiated on the site of 18 holess of membership golf course and the building of the club, etc. (hereinafter “the instant golf course site, etc.”) among the entire site of 27 holess of the instant golf course.
Therefore, 564 of the members of theO established Q Co., Ltd. (hereinafter “ Q”) by contributing 58 million won to each person for the purpose of purchasing the site of 18 holes of the instant golf course. Q purchased the site of 18 holes of the instant golf course in the above auction procedure, and completely pays the auction price on August 13, 2001, and completed the registration of transfer of ownership in its name on March 25, 2002, and operated the instant golf course under the name of “P” from April 202 to April 25, 2002.
3) Meanwhile, R and S Co., Ltd. (hereinafter “R, etc.”) are the same.
A. On October 21, 2003, the right to legally operate the instant golf course between R, etc. and Q, by acquiring all the rights arising from the registration of the instant golf course business from theO, and acquiring the ownership of the nine story site among the instant golf course.