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(영문) 서울중앙지방법원 2015.11.12 2014가합530827

입회금반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant A (hereinafter “Defendant A”) an incorporated association (hereinafter “Defendant A”).

Q Co., Ltd. (hereinafter “ Q”) on August 12, 2004

2) On the part of Defendant A’s land: R 10,849m2, S 23,708m2 and T 2,126m2,126m2 (hereinafter “instant land”).

(2) On March 8, 2005, Q entered into a loan agreement on the aggregate of 1,793 square meters of two parcels, other than the land adjacent to the instant land, Sungnam-si, Sungnam-si, and the instant land (hereinafter “instant State property”). On the instant land and State property, the building of a golf driving range with a four-story size (hereinafter “instant building”) was newly constructed on the ground of the instant land and State property; around November 2005, Q filed a report on the sports practice facility business with the head of Sungnam-si, Sungnam-si (hereinafter “the head of the branch office”). On December 2005, Q completed the registration of initial ownership as to the instant building.

3) Q from the time of the above report, the instant building and all facilities attached thereto (hereinafter referred to as the “instant golf practice range” combined with the instant building.

(4) On November 26, 2009, Defendant A terminated the instant lease agreement and again leased the instant land to Q Q by setting up on May 18, 2017, with a period of 12 times a year and 1.4 billion won per annum (in addition, by raising 3% per annum, payment at the end of each month) and the period of lease as of May 18, 2017.

(hereinafter “instant lease”). Of the terms and conditions of the instant lease agreement, the parts related to the instant case are as follows.

Article 5 (Contribution, etc.) (1) Where the contract is terminated due to the expiration of the contract period or the circumstances of Q, Q shall contribute buildings and all other facilities installed by Q on the leased object of this contract to Defendant A without any condition.

(3) The above paragraph (1).