명의개서절차이행 등
1.The judgment of the first instance, including a claim for an additional or modified change in the trial, shall be modified as follows:
The defendant.
1. The reasoning for the court’s explanation on this part of the facts is as follows, and the reasoning for the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
[Supplementary to May 13, 2005, the Plaintiff filed a lawsuit against the Defendant on May 13, 2005 by Seoul Central District Court 2005Kadan140720 on the part of the judgment of the first instance court (Seoul High Court 2007Na9769) to confirm that the Plaintiff was the Plaintiff of the instant golf course operated by the Defendant. In the first instance trial, the Plaintiff won a lawsuit, but lost in the appellate trial (Seoul High Court 2007Na9769).
Accordingly, the court of final appeal (Seoul High Court 2009Na64439) reversed and remanded by the court of final appeal (2008Da49844), and the court of final appeal (Seoul High Court 2009Na64439) rendered a favorable judgment on June 24, 2010.
In other words, the defendant appealed from the final appeal (2010Da76559) on February 10, 201, and the final appeal was dismissed, and the judgment of the appellate court became final and conclusive after the reversal and return, and finally the plaintiff was finally final and conclusive in favor of the plaintiff.
Therefore, although the defendant requested a retrial against the Supreme Court's decision (2010Da76559), it was dismissed on October 13, 201.
2. The court's explanation of this part of the judgment on the claim for refund of membership fee is as stated in the reasoning of the judgment of the first instance except for the following cases. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Portioned Part] Part 12 under Part 9 of the Judgment of the First Instance
B. 1) The Defendant’s assertion that the instant final judgment is excluded from res judicata of the instant final judgment is based on the following grounds: (a) the order of the instant final judgment is to confirm that the instant golf club in Defendant’s management is the Plaintiff; and (b) the membership number, name of the members, the date of issuance of the membership certificate, and the issuing company, which are elements constituting membership rights or membership certificates.