(영문) 서울고등법원 2015.04.29 2014나2031934

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.04.29 2014나2031934

입회금 등 반환 청구 등의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the first instance except for addition, deletion, or dismissal as follows. Thus, this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the last 10th sentence of the judgment of the first instance, “one of spouse or lineal ascendants or descendants shall be designated as family members, and where a family member is accompanied by the Plaintiff, the member shall be exempted from the fluence of the family member, and where not accompanied by the Plaintiff, the member shall bear the fee of the family member.”

The 11th page 2 "Plaintiff" shall be changed to "Defendant".

Part 13 12 to 14 3 shall be deleted, and from the bottom of the 14th to the bottom of the 14th "30 million won, etc." shall be read as "360 million won, deducting the amount of KRW 40 million that the Defendant loaned to the Plaintiff from the amount of KRW 400 million," the last 14th to the bottom of the 16th 16th eth eth, and the 5th eth eth from the bottom of the 16th eth eth eth eth eth eth eth 3. "4. conclusion".

Part 18 9 "A evidence 12" is cut off with "Evidence 13 and 23 of A", "Article 12 of the Sports Facilities Act," "Article 17 and Article 18 of the Sports Facilities Act," "the fact" is deleted, "the defendant raised user fees from March 1, 2015," "Evidence 18 of the same paragraph," "the testimony of witness D of the first instance trial," "the reasons for the first instance trial," and "the reasons for the second instance of the 19th 19th 19th 19th 19th 12th 12th 12 of the same 20,21,22, 24 through 32, and 34th 12 of the same 20th 12th 17th 202."

The parallel 10 to 20 pages 10 shall be as follows:

② As seen earlier, the Plaintiff exercised the right to purchase membership on the ground that the “Guarantee of Membership Price” stipulated in the instant underwriting agreement and the instant transfer agreement has not been fulfilled around August 2008, and that the said right has not been fulfilled, and only 40 million won of the down payment of the sales contract.

참조조문

-민사소송법 제420조

-체육시설의 설치ㆍ이용에 관한 법률 제17조

유사 판례

-서울고등법원 2015.03.11 2014나2027157

-서울고등법원 2018.10.24 2018나2006349

-서울고등법원 2015.12.18 2015나2026113

-서울고등법원 2017.06.16 2016나2079633

-서울고등법원 2020.01.23 2018나2032195