입회보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The judgment of the court of first instance.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Use] Part 2, Chapters 5 through 16, written “1. Basic Facts” has been completed as follows.
1. Basic facts
A. On September 22, 2004, B entered into a membership agreement with the Defendant (hereinafter “instant agreement”) with the content that he/she entered into an membership in the 37 square meters-type 1/10 old unit among showers-type 37 square meters-type 1/10 of the date of acquiring membership (the date of full payment of the subscription deposit) and paid 50,781,800 won (hereinafter “the instant security deposit”) to the Defendant on the same day.
B. At the time of the instant membership agreement, B and the Defendant agreed that “B shall deposit the security deposit with the Defendant as without interest during the membership period; at the time of the expiration of the membership period, the Defendant shall only return the principal (Article 5(1) of the membership agreement) if there is a claim for refund of B’s security upon the expiration of the membership period (Article 5(1) of the membership agreement); and “When both parties raise no objection within 30 days before the expiration
(Article 4(3) of the Entry Agreement. (c)
On June 12, 2009, B transferred the status of the instant contract to the Plaintiff with the Plaintiff’s consent.
【Fact- without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including each number, if any), the purport of the whole pleadings
2. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.