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(영문) 수원지방법원성남지원 2014.02.13 2013가합202683
입회금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts following the facts do not conflict between the parties, or are acknowledged by taking into account each of the descriptions of Gap evidence Nos. 1, 2, and 3-1, 2, Gap evidence Nos. 4-7, Gap evidence Nos. 8, 9-1, 2, Gap evidence Nos. 12-18, Gap evidence Nos. 20-23, Eul evidence Nos. 6, 7-2, and Eul evidence Nos. 9 and the whole purport of the pleadings.

A. The defendant is a legal entity that operates the “Blubert-based golf club” (hereinafter “instant golf club”), which is a deposit member golf club at the 156-1st unit in the Si-Eup in Gwangju-si, Gwangju-si, and the plaintiffs acquire the right to regular membership and the right to preferential membership of the instant golf club.

B. (1) On September 28, 1989, the Defendant’s establishment process, etc. (hereinafter “Seo-do Development Co., Ltd.”) established the instant golf course with the approval of the business plan that constructs the membership golf course of 18 holes from the Gyeonggi-do Governor, and operated the instant golf course. On or around November 1997, the Defendant’s establishment process began with the auction procedure as to the building site of 18 holes and the building of the club located in the entire 28 holes of the instant golf course (hereinafter “instant golf course site, etc.”) among the entire 28 holes of the instant golf course.

The 564 members among the members of tourism on board were to contribute KRW 58 million per person, thereby establishing a Korea Tourism Development Co., Ltd. (hereinafter referred to as the “Ming Tourism”), and Oral Tourism purchased a site for 18 holes of the instant golf course from the above auction procedure, and actually operated the instant golf course from April 2002.

(2) On October 21, 2003, when acquiring all the rights arising from the registration of the instant golf course from overseas tourists on October 21, 2003, the instant golf course belongs to the right to legitimate operation of the instant golf course between Bai and Doi Tourism, and the Seoul High Court 2005Kahap88.

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