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(영문) 서울고등법원 2015.10.08 2014나2045872

입회금반환

Text

1.(a)

The defendant is in accordance with the plaintiffs' primary claims stated in the attached Form 3 list added to the trial court, and 1, 2, 17, and 17.

Reasons

1. Basic facts

A. B, from around 1996, operated a golf practice range, strike 3 golf course, indoor swimming pool, etc. (hereinafter “instant golf practice range, etc.”) with the trade name “D” in the wife population C, and established E Co., Ltd. on June 17, 2006 (hereinafter “E”), and invested the instant golf practice range, etc. in kind in E.

B. The Plaintiffs’ specific date of concluding a contract from around 2000 to 2007 is as indicated in the column of “the date of concluding a contract” in [Attachment 3 and 4].

B or E entered into a membership agreement with B or E stating that a membership fee shall be paid in accordance with the grade or type of members and that the right to use the instant golf driving range, etc. (hereinafter collectively referred to as “each of the instant membership agreement” and individually referred to as “observer agreement between the Plaintiff and B/E”) was acquired. ① The contract period shall be three or five years from the date of full payment of the membership fee (Article 2(1)). ② The contract period shall be automatically renewed if both parties raise an objection within 30 days after the expiration of the contract period (Article 2(2)). ③ The membership fee shall be refunded to B/E after the expiration of the contract period.

(Article 3(3)) The main contents of the “involving agreement” prepared are as follows:

C. Plaintiffs 1: (a) Plaintiff 43. F, 44. G, 45. H, 46.I, and 47. J concluded a membership agreement with the deceased, Plaintiff 52. L, 53. M, 54. N, 55.O as the heir of the network P, Plaintiff 58. BU, 59. BV, and 60. BW, as the heir of the networkCC, the above network K, P on July 18, 2006, and the network P on May 16, 200, respectively, succeeded to the status of the deceased’s member under the membership agreement.

② Meanwhile, the Plaintiff 41, the heir of the deceased, died on December 26, 2013, the Plaintiff 41, who was the heir of the deceased in the first instance trial.

(a) CA (spouse) and 41;

B. CB (i) taken over the legal proceedings of the deceased.

A. B or E around the date of conclusion of each of the instant membership agreements, respectively.