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(영문) 청주지방법원 2017.07.19 2017나347

입회금 반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court's explanation on this part of the facts is as follows: "C (hereinafter "C") and the second third party of the judgment of the court of the first instance (hereinafter "C") shall add "D subject matter" to "49,00,000"; "The fourth third party of the judgment of the court of the first instance (hereinafter "third party") shall be deleted from "the fourth third party of the judgment of the court of the first instance (349,00,000)"; (1) "20 square party of the second party of the judgment of the court of the first instance (2)" shall be "the second party of the first instance (hereinafter "the second party of the judgment of the court of the first instance") with "the second party of the second instance (hereinafter "the second party of the case") with "the second party of the second party contract"; and (3) "the second party of the second party of the second party" with "the following two subparagraphs 1, 41, 18, 1400" and "the first party evidence No.

2. Determination as to the cause of action

A. Under Article 8(2)1 of the Tourism Promotion Act, the Defendant succeeded to the status of C with respect to the instant containers pursuant to the summary of the Plaintiff’s assertion: (i) violated the property rights of members, including the Plaintiff, by establishing each of the above-mortgage on the instant containers without taking out the guarantee insurance equivalent to the amount of establishment of the right to collateral security in violation of Article 20(4) of the Tourism Promotion Act and Article 24(1)2 of the Enforcement Decree of the Tourism Promotion Act; (ii) did not carry out measures necessary for the use of the instant containers even though the Plaintiff and its members were notified that they succeeded to the status of C with respect to the instant containers through an auction and issued membership cards; and (iii) did not recognize a member representative organization under Article 20(5)6 of the Tourism Promotion Act even though it was necessary to form a member representative organization, and (iv) did not constitute a new member representative organization.