입회금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff’s golf clubs around October 1995 (hereinafter “instant golf clubs”)
) A company for the development of tourism on board (hereinafter referred to as “Tai Tourism”)
2) As between the golf members’ membership agreement (hereinafter referred to as “instant membership agreement”)
(2) Around September 2008, 2000, 130,000 won was paid to tourism on board. 2) Oral Tourism Development Co., Ltd. (hereinafter “Oar Tourism”) purchased all the rights and obligations relating to the instant golf course from tourism on board and thereafter, Oral Tourism was merged with the Defendant on and around September 2008, and thereafter, the Defendant operated the instant golf course from that time.
3) After the Plaintiff entered into the above golf membership membership agreement, the instant golf course has been changed several times due to business difficulties, and the rights and interests of the instant golf course members were modified disadvantageously. 4) Accordingly, the Plaintiff may withdraw from the instant golf course in accordance with the relevant laws and regulations, and thus, the Plaintiff notified the Defendant of the withdrawal of the said membership through the delivery of a copy of the instant complaint, and sought the return of the said membership fee.
B. First of all, it is not sufficient to recognize the facts stated in the evidence Nos. 1 and 2 as to whether the party to the instant membership agreement is the Plaintiff, and there is no other evidence to acknowledge it.
Rather, according to the above evidence, it is reasonable to view B, not the Plaintiff, as the party to the instant membership agreement.
Furthermore, it is not sufficient to recognize the fact that the Orato Tourism acquired the instant golf course business from a tourist on board only with the statement of No. 4, and there is no other evidence to acknowledge it.
Finally, according to Article 18 of the Installation and Utilization of Sports Facilities Act and Article 19 subparagraph 2 of the Enforcement Decree of the same Act, the agreement on the rights and interests of members is modified after joining as a member.