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(영문) 서울남부지방법원 2019.10.18 2019나50418

입회금 만기반환

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 30, 1995, the Plaintiff sold 15 condominiums (hereinafter “instant condominiums”) from C Co., Ltd. to 8,704,000 won as co-ownership members, and on the same day, paid 3,50,000 won to the above company, and 5,204,000 won as of October 25, 1995, respectively.

B. On December 1996, the Plaintiff paid 173,960 won in total of acquisition tax and agricultural special tax for 1/10 of shares of D Condominium E.

C. The Plaintiff’s membership card of this case issued on October 13, 1995 includes “member number: F (15 square, O/S).”

According to the terms and conditions of the condominium sale in this case, the membership fees and deposits paid by the members shall be deposited by the company, and the membership fees and deposits shall be returned at interest free after the expiration of the enrollment period (20 years) (Article 5 of the Terms and Conditions); the membership fees and deposits shall be returned to the company (Article 5 of the Terms and Conditions); and the membership fees shall be paid at interest

(Article X. e. of the Terms and Conditions)

The defendant is currently an operator of the instant condominium.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 3, 4, and 6 evidence, and the purport of the whole pleadings

2. The Plaintiff, which caused the Plaintiff’s claim, entered into a contract as a co-ownership of the instant condominium, but thereafter, requested C Co., Ltd. to convert it into a membership system by telephone, thereby converting it into a member system (7,910,000, membership fee6,510,000, membership fee6,510,000, and 20 years maturity).

However, as of November 4, 2015, the maturity comes after the lapse of 20 years, the Defendant is obligated to return the amount of KRW 6,510,000 to the Plaintiff.

3. The plaintiff asserted that the plaintiff was converted into a member system according to the certificate of taxation since only the acquisition tax and the agricultural special tax were paid in 1996, and there was no amount of registration tax paid. However, according to the above facts of recognition, the plaintiff appears to be a member of the instant condominium, and each of the items of evidence Nos. 8 and 9 alone is a member system.