beta
(영문) 인천지방법원 2015.09.08 2014가단41475

가입비반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is an incorporated association established based on Article 28-2 of the Water-Related Leisure Activities Safety Act.

In 195, the plaintiff was engaged in water-related leisure business in the D reservoir with approval for use of the D reservoir located outside the purpose of the D reservoir located in the Korea Rural Community Corporation from the Korea Rural Community Corporation.

On June 27, 2013, the Plaintiff filed an application with the Defendant to join the Gagdong Branch under the Defendant for the purpose of providing the exemption from license examinations, education on exemption from license examinations, and mediation license examinations as prescribed in Articles 7 and 14 of the Water-Related Leisure Activities Safety Act.

On October 29, 2013, the Plaintiff paid to the Defendant an admission fee of KRW 50 million (hereinafter referred to as “instant subscription fee”) and was appointed from the Defendant as the head of the convenience branch under the Defendant’s control on November 11, 2013.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, and the admission fee of this case, which is the ground of withdrawal of the plaintiff's argument, is the deposit or franchise of the nature of the defendant's member to be returned when the defendant's member withdraws from the defendant corporation.

As the Plaintiff expressed his intention to withdraw from the Defendant corporation on May 8, 2014, the Defendant shall return the instant subscription fee to the Plaintiff.

In order to implement a lease contract for the use of reservoir water surface, the Defendant: (a) instructed the Plaintiff to change the name of the lease contract into the Defendant, not the Plaintiff; and (b) accordingly, the Plaintiff did not enter into a lease contract for the use of reservoir water with the Korea Rural Community Corporation.

In addition, since the approval for use of the existing Korea Rural Community Corporation for purposes other than the purpose of water-related leisure business is related to the water-related leisure business, the defendant was in a situation where the business of the license examination site was impossible.

The contract of this case is terminated because the plaintiff is unable to conduct the education for exemption from license examination and the mediation license examination by proxy due to the above reasons attributable to the defendant.