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(영문) 서울중앙지방법원 2016.12.16 2015나16773

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 37,053,88 and shall pay to the plaintiff on October 2016.

Reasons

1. Basic facts

A. The title of the instant membership is changed to the name of the “Dong 300 Golf Club” (e.g., “Dong 300 golf club” and “Dong 21 consortium” (e.g., the title of the instant golf club) and the “Dong 300 golf club” (e.g., the so-called “Yari Heari Heari golf club” and “Yari 21 consortiumⅡⅡ”; hereinafter the said two golf clubs are changed to the name of the said golf club.

(2) In relation to the business of creating a new leisure industry, the Plaintiff acquired the claim for the construction cost against the new leisure industry company (hereinafter “new leisure industry company”). The new leisure agreed to grant membership rights to the instant golf club from June 24, 1998 to December 11, 1998, and accordingly, transferred each member right (hereinafter “instant member right”) listed in the attached list to the Chang Chang Electric Co., Ltd. (hereinafter “instant member right”). (2) The Defendant acquired the ownership of the instant golf club in the voluntary auction procedure for the instant golf club site on August 2, 199 (Yancheon District Court Assistance B), and entered into a contract with the Plaintiff to acquire the sports facility business right (authorization right) for the instant golf club from the new leisure industry on September 15, 199, and entered into a contract with the Plaintiff on June 24, 199 to acquire the ownership of the instant golf club in full. < Amended by Presidential Decree No. 17183, Feb. 14, 2004>

3) On the other hand, on August 19, 199, the Young Construction Co., Ltd. offered the instant membership rights to the Central Installment Savings Bank with loans from the Central Installment Savings Bank (the trade name at that time: the Central Installment Savings Bank; hereinafter referred to as the “Central Installment Savings Bank”) as collateral. The Young Construction notified the Defendant of the transfer of the instant membership rights on June 28, 2002, and on July 4, 2002, the Central Installment Savings Bank demanded the Defendant to implement the transfer procedure for the instant membership rights or to return the membership fees.

(b).