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(영문) 서울고등법원 2016.01.28 2014나2030221

입회금반환 청구의 소

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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is identical to the relevant part of the judgment of the court of first instance, except for a change or additional decision as to this case, as prescribed in Article 420 of the Civil Procedure Act.

2.On the 8th Amendment, the following shall be added to the 16th:

【In particular, in light of the circumstances at the time of membership entry, the process and necessity of the modification of the agreement on membership rights and interests, the contents of the modified agreement and its impact on the rights and interests of the members, etc., it is reasonable to deem that the exercise of membership rights and interests by a member may be exceptionally restricted within the extent that the modification of the agreement on membership rights and interests could have been sufficiently predicted at the time of membership entry into the membership, and that the modification of the agreement on membership rights and interests is within the extent that it may be acceptable under the generally accepted sense of social norms (see Supreme Court Decision 2013Da86342, Jan. 15, 2015). From the end of the 8th page to the end of the 5th page, the following changes are made:

C. A concrete determination (1) The Defendant collected more than 1,054 general members than 564 members on March 2007, when there were 1,420 members of the golf course from the original Gwangju City despite obtaining approval of the recruitment of 1,420 members of the golf course. Since then, the Defendant recruited 276 general members with 72 preferential members with 8,000,000 won and 8,000,000 won and 276 preferential members with 30,000 won loans for existing members on two occasions around November 2007 and May 2008. The Defendant recruited 72 general members with 30,000 won and 8,000,000 won for general members with 18,000 won for each general member with additional recruitment of general members on May 6, 2008.