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(영문) 전주지방법원 2014.12.04 2014나1549

입회보증금반환

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. On November 1, 2002, non-junland Co., Ltd. (hereinafter “Non-junland”) newly built an aggregate building of 27 and 52 units in the name of D Condominium Co., Ltd., Ltd., Ltd. (hereinafter “Non-junland”) in the name of D Condominium (hereinafter “instant Condo”), and obtained business approval from the Governor of Jeollabuk-do to operate a resort condominium.

B. (1) On May 25, 2006 and September 28, 2006 between the Plaintiff and the Plaintiff entered into an membership agreement with the Plaintiff setting the membership fee of KRW 633,60,000,000 for the payment in lieu of the Plaintiff’s debt (360,000,000) against the Plaintiff; the object is 43 square meters and 40 square meters; and the object is 20 square meters and 20 square meters; (2) on May 30, 2006, the membership agreement was concluded between Plaintiff B and the Plaintiff on May 30, 2006 by setting the membership fee of KRW 1,02,40,00 as the payment in lieu of the Plaintiff’s debt (80,000,000 won); and (439 square meters, 29 square meters, 40 square meters, 200 square meters and 30 square meters.

(2) According to the above membership agreement, the period of holding the plaintiffs' membership was five years from the date of acquiring the membership, and the non-junland agreed to return the principal of the membership within 10 days from the date of the claim, if the plaintiffs' claim is filed after the expiration of the membership period.

C. (1) On November 22, 2004, the registration of the establishment of a mortgage for the mortgagee, Gwangju Bank, Gwangju Bank, the maximum debt amount of KRW 5.5 billion, and the maximum debt amount of KRW 1.2 billion was completed on May 18, 2006, respectively. However, on December 29, 2006, the registration of the establishment of a mortgage for the real estate of this case was completed on the ground of 9,478 square meters in Jeon-gun, Jeon-gun, the Jeon-gun, the Jeon-gun, the Jeon-gun, the Jeon-gun, and the maximum debt amount of KRW 1.2 billion, respectively, on the ground that the registration of the establishment of a mortgage for the real estate of this case was constructed on the ground of 9,478 square meters in Jeon-gun, the Jeon-gun, the Jeon-gun, the Seoul-gun District Court, upon the request of the Bank of Gwangju-gun on the ground of December 29,