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Reasons
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(영문) 서울고등법원 2015.05.15 2014나56678
입회보증금반환
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff, on November 1, 2002, changed the name of the Defendant (i.e., the “stock company’s mutual development” to the “UBT”) and (ii) the “UBBT” on May 6, 2011, and (iii) the “UBT” on September 5, 2011.

(ii)A non-exclusive golf club operated by a golf club (hereinafter referred to as “non-exclusive golf club”).

2) The Plaintiff’s non-member membership (hereinafter “instant member membership”) is a member who entered into a membership agreement on August 29, 1997 and paid only KRW 124,99,000 out of the subscription amount of KRW 125,00,000. D around July 10, 202, succeeded to the status under the said membership agreement from C and paid in full the remainder of KRW 1,000 after having succeeded to the status under the said membership agreement.

On July 20, 2006, the Plaintiff purchased the instant membership from D in KRW 94,00,000,000, and applied for membership to the Defendant, and the Defendant approved it, upon completing a transfer of entry in the register of members under the Plaintiff’s name, issued a membership certificate to the Plaintiff on August 4, 2006.

3) From April 2009, the Plaintiff demanded the Defendant to return a return of the return and membership fee to the Defendant via E, who is an employee belonging to the Defendant, around August 12, 2009, and sent the e-mail that contains the intent to return the withdrawal and membership fee to the Defendant. Accordingly, on August 20, 2009, the Defendant sent the Plaintiff’s reply to the effect that “from August 20, 201, until July 201, when five years have passed since the date the company acquired the succession of its membership right, the Plaintiff continued to use the instant membership right,” and the said reply reached the Plaintiff around that time. 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 the company provided for in Article 6 (Regular Members) shall be personal and legal and corporate members, with the approval of the company concerned.

Article 10 (Application for Membership) The purpose of these clubs is to become regular members.

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