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(영문) 서울중앙지방법원 2017.06.20 2016가단109800

회원권 입회보증금 반환

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff joined as a C interest set of Co., Ltd. (hereinafter “B”) and paid KRW 26,91,400,000, but filed an application for membership withdrawal with B before March 17, 2014, and claimed the refund of the deposit, but did not receive a refund from B.

B. Accordingly, the Plaintiff filed a lawsuit against B against the Seoul Central District Court 2016Da46602, and on July 5, 2016, the decision of recommending reconciliation became final and conclusive with the following purport: “B shall pay the Plaintiff KRW 26,91,400 in installments, and if payment is delayed once, the interest of the time is lost, and the unpaid amount shall be paid in addition to damages for delay at the rate of 15% per annum.”

C. As to the buildings listed in the separate sheet (hereinafter “the instant building”), the registration of ownership preservation was completed on July 4, 2007, and on July 9, 2007, the registration of ownership transfer was completed on the ground of trust in the Defendant’s future. On January 6, 2010, the registration of ownership transfer was completed on the ground of the ownership attribution in the future, and the registration of ownership transfer was completed on January 6, 2010, and the ownership transfer was completed in the future in the White Trust Co., Ltd., Ltd. on January 6, 2010 with the same seal, and the real estate register of the instant building is accompanied by the original trust register with the following contents:

(1) Article 1 (Purpose of Trust) of the Real Estate Security Trust Contract is to preserve and manage the trusted real estate in order to ensure the management of the ownership of the trusted real estate and the performance of the liabilities or responsibilities owed by the trustor, and to liquidate and settle the trust real estate in the event of default.

(2) The matters of the special agreement between the truster and the beneficiary B, the trustee Rose trust, the defendant of the first priority beneficiary, and the savings bank in charge of the second priority beneficiary shall enter into an agreement as follows:

Article 1 (Purpose of Trust) The purpose of this Trust Contract is to be trusted by the truster in addition to the purpose of trust under Article 1 of the main text of the Contract.