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(영문) 서울중앙지방법원 2015.01.20 2014나52536

입회보증금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Switzerland Condominium Co., Ltd. (hereinafter referred to as “Nonindicted Company”) operated Jeju Switzerland Recreation Condominium (hereinafter referred to as “instant condominium”) in the Jeju 2872 at the time of the Jeju Gyeong-ri, a tourism business facility, and the member of the instant condominium is a member who acquired the right to use the condominium and received the membership payment after the lapse of a certain period and is registered as a member who acquired part of the shares in a specific housing unit among the instant condominiums.

B. On March 31, 2011, the Defendant was awarded a successful bid for the instant condominium in the compulsory auction procedure.

C. The content of the statutes pertaining to the instant case is as shown in the annexed sheet.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The allegations and judgment of the parties

A. The plaintiff's assertion that the plaintiff was the plaintiff is a member of the non-party company that entered into a membership agreement with the non-party company on the instant condominium, and the defendant succeeded to the status of the non-party company (the rights and obligations between the non-party company and the non-party company on the instant condominium) pursuant to the Tourism Promotion Act. Thus, the defendant asserts that the defendant is liable to pay 10 million won to the plaintiff according to the membership agreement of the instant condominium, and the defendant did not enter into a membership agreement with the non-party company on the instant condominium, and even if so, the defendant concluded the membership agreement

However, the non-party company concluded a membership contract in violation of the provisions of relevant statutes such as Article 19 of the former Tourism Promotion Act, and the plaintiff is not a member entitled to protection under Article 8 of the Tourism Promotion Act, and as the defendant did not take over all major tourism facilities in the process of compulsory sale by official auction, the non-party company which is a tourism business

B. The plaintiff is the condominium of this case.