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(영문) 광주고등법원 2015.04.08 2014나4599

보증금반환

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 status of the parties (the trade name was originally “Friju Development,” but around November 1, 2002, the Defendant was changed to “Friju Soci Socsocsocsoc that Co., Ltd.” on or around May 6, 2011; and the Defendant was changed to “Frisocsocsocsocsocsocsocsocsocsocsocsoc that is currently at around September 5, 201). The Plaintiff is a company that operates the Kucsocsoci (hereinafter “Usocsocsocsocsoci) that is a golf club operated by the Defendant, and the Plaintiff is a person who acquired membership (a member number B, member certificate C to D around August 1, 199; hereinafter “instant membership”) of a golf club (a golf club that is a golf club operated by the Defendant.

B. Plaintiff’s acquisition of membership 1) Both Co., Ltd. (hereinafter “Bulul Construction”)

Around September 30, 1997, prior to the commencement of the company reorganization procedure of the defendant, a non-exclusive club membership agreement with the defendant (hereinafter “instant member agreement”).

A) Around November 25, 1997, when the Plaintiff entered into a membership deposit and paid KRW 124,99,000 out of KRW 125,00,000, the Plaintiff acquired the instant membership by obtaining membership rights around November 25, 1997. (2) On the other hand, the instant membership agreement allowed the Plaintiff to transfer membership rights to another person. A member deposited the membership deposit at the time of entry, and the Defendant provided that only the principal of the membership deposit deposited with the applicant for the withdrawal after the lapse of five years from the date of entry shall be returned.

3) In accordance with the instant membership agreement that allowed the transfer of membership rights, E acquired the instant membership rights from the construction of the Defendant’s company reorganization procedure on July 31, 1999, and paid 1,000 won of the unpaid membership deposit on August 5, 199, and transferred the instant membership rights to F on December 6, 2002, and F transferred the instant membership rights to the Plaintiff on August 20, 2008. (c) The instant membership rights were transferred to the Plaintiff on August 20, 208.