입회금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Defendant is a company established for the purpose of operating a golf course, and is operating a deposit membership golf course (hereinafter “instant golf course”) with a deposit membership golf course (hereinafter “instant golf course”) located in 961-34, a Gapon-ro, Pyeong-gu, Gyeonggi-gu.
B. B around July 16, 2009, paid KRW 460,000,000 to the instant golf course and participated therein.
(hereinafter “instant membership agreement”) On July 14, 2009, B prepared a “application (individual) for membership to the instant golf course” (Evidence 3) and sent it by facsimile to the Defendant to attend the instant golf course, and sent only one of the two pages of the application form for membership, and the two pages were not sent.
On the other hand, B and the defendant did not prepare a separate contract form at the time, and the certificate issued by the defendant to B as of July 16, 2009 does not contain a grace period for admission fees.
C. Around March 22, 2010, the Plaintiff acquired membership fees of the instant golf course from B in KRW 460,000,000.
On March 25, 2010, the Plaintiff: (a) prepared an application for membership registration stating “I consent to and apply for membership to the regulations of the Association in Seoul; and (b) signed an application for membership registration stating “I consent to the purport of the club and approve the transferor’s qualification as it is, and then I agree to the purport of the club, I shall enter into the application for membership registration; and (c) submitted it to the Defendant and participated in the instant golf course.
Meanwhile, the membership card issued by the Defendant to the Plaintiff as of March 25, 2010 does not contain a grace period of the membership fee.
On the other hand, the relevant provisions of the rules of the golf course of this case are as follows.
From August 1, 2008, from October 1, 2010 to October 1, 2010, the membership of the club is required to obtain the approval of the company in accordance with the prescribed membership procedure, and the person who has obtained the approval is required to pay the membership fee and obtain the certificate of membership.