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(영문) 서울고등법원 2017.01.26 2015나2052600

입회금반환등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the first instance except that part of the reasons for the judgment of the first instance is written as follows (Provided, That this part of the judgment of the first instance excluded from the subject of a trial of the first instance, a joint plaintiff A, a corporation from the subject of a trial of the first instance) and the main sentence of Article 420 of the Civil Procedure Act shall be cited.

2. Parts to be dried;

A. Article 25 of the first instance court's decision No. 17 of the 25th instance court's ruling " full view of the purport of the entire pleadings in the statement No. 4 of the evidence No. 25 of the first instance court's judgment" was revised as follows: "No. 4 of the evidence No. 4 and each testimony of H andO shall be

B. The part of the first instance judgment No. 25 of the 19th trial stating that “the fact that a written confirmation was submitted” was “the fact that the Plaintiff submitted a written confirmation (No. 4, the Plaintiff’s written confirmation cannot be deemed to have been prepared according to the intention of H, and thus the authenticity cannot be recognized. However, considering the overall purport of the pleading in the testimony of the above H, the above written confirmation appears to have been prepared on the basis of the delegation of H, and there is no other evidence that the said written confirmation was submitted against the intention of H).”

(c)the following shall be added between conduct 9 and 10 of the first instance judgment:

[Judgment of the court below] The plaintiff's ground for appeal pointing this out is justified. It is so decided as per Disposition.

In light of its content, H cannot be deemed to have been prepared before transferring the membership of the instant golf course to G, and H may deliver the instant transfer contract to G in transferring the status of a regular member based on the said membership to G. However, due to the loss of the said transfer contract, H grants the status of a regular member based on the instant transfer contract to G, a transferee of H, while future H.