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(영문) 서울고등법원 2013.11.15 2012나88619

입회금 반환

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant (a joint stock company) (a joint stock company) was changed from the development to the Non-Uiju Anico Co., Ltd. on Nov. 1, 2002, the Non-Uiju Anico, Co., Ltd. on May 6, 201, and the Non-Uiju Anico, Ltd. on September 5, 201.

collectively referred to as "defendant" shall be referred to as "defendant"

(3) The term “instant club” refers to a non-sochanic heritage consortium (hereinafter referred to as “instant club”) located in the area of 43-15, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do.

2) On July 16, 2002, the Plaintiff (hereinafter “Plaintiffs”) acquired membership rights (hereinafter “instant membership rights”) of the instant club from A, a regular member of the instant club, at KRW 12 million, from the Defendant, through a transfer procedure for entry into the name of the Plaintiff on July 23, 2002.

3) Membership rights of this case are both joint construction companies (hereinafter referred to as “duul construction”).

A) A membership certificate was issued upon entering into a membership agreement on October 2, 1997 and only KRW 109,99,000 out of KRW 100,000,000. A’s status was succeeded on February 24, 200 and paid KRW 1,000 in unpaid membership fee. The number of the Plaintiff’s membership card was D but the number of the Plaintiff’s ownership was limited to only the number of the membership card number in the process of changing from the corporation to the corporation as an individual, and the number of the Defendant’s management is equal. Article 4 (Members of the club are as follows.)

1. An honorary member;

2. Regular members (individual and juristic person);

3. Additional members;

4. Associate members;

5.The other regular members of Article 6 (Regular Members) shall be individual and corporate members so that they may be present at the prescribed number of members and obtain the approval of the company.