입회금반환 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from March 1, 2016 to the date of complete payment.
Basic Facts
B From around 1996, in order to operate a golf practice range, a strike-3 golf course, an indoor swimming pool, etc. (hereinafter “instant golf practice range, etc.”) with the trade name “D” in the wife population C.
The contract period shall be three years from the date of full payment of the membership fee.
(Article 2(1). If both parties raise an objection within 30 days after the expiration of the contract period, the admission fee shall be automatically renewed (Article 2(2)). B shall be refunded to the unpaid interest after the expiration of the contract period.
(3) On June 4, 2004, the Plaintiff entered into a membership agreement with B as to the right to use the instant driving range, etc. (hereinafter “instant membership agreement”) with the Plaintiff, by paying KRW 40 million to B as a membership fee, and paid the said membership fee around that time.
The main contents of the present membership agreement are as follows.
B established on June 17, 2006 E Co., Ltd. (hereinafter referred to as “E”) and invested the instant golf practice range in kind in E.
On May 21, 2007, the Plaintiff submitted to E an application for a withdrawal stating that “I will return membership upon the arrival of the period for returning membership rights and request the return of membership fees.”
E is unable to supply urban gas on February 13, 2008 due to the failure to pay urban gas fees while having experienced business difficulties, and the same year.
2. 18. A notice of the closure of a place of business was given to all members, including the Plaintiff.
Around that time, all employees of E submitted a letter of apology en bloc, and the golf driving range in this case was left unattended in the state of business suspension.
The Defendant acquired the ownership of the instant golf practice range, etc. by obtaining a successful bid of the instant golf practice range, etc. on December 1, 201, in the procedure of the Suwon District Court F Real Estate Auction and the duplicate auction of G Real Estate Auction.
Other members of the instant golf practice range, etc. are on the grounds of the expiration of their contract term.