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(영문) 수원지방법원안산지원 2016.08.18 2015가합22622
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that operates a scambacon club (hereinafter “instant golf club”) in Samsung-gun, Samsung-gun, Samsung-gun, established for the purpose of golf course business, etc.

B. On January 18, 2006, the Defendant sold membership rights in the golf club B (hereinafter “instant membership rights”) of the instant golf club and received 350,000,000 won from the buyer C.

C transferred the instant membership to D on January 15, 2007, and D transferred the instant membership to E on April 21, 2010, and E transferred the instant membership on November 19, 2014.

On April 20, 2015, the Plaintiff was confirmed by the Defendant as a member of the instant membership.

C. On November 19, 2014, the Plaintiff, while acquiring the instant membership, prepared and submitted to the Defendant an application for approval of transfer or acquisition of the instant membership rights (hereinafter “instant application”). Article 11(b) of the “Terms and Conditions” states that “a person who became a new member by transfer or acquisition shall be deemed to be the date of acquisition as the date of acquisition,” and the Plaintiff’s signature and seal are affixed to the lower part.

The provisions on the return, transfer, acquisition, and withdrawal of membership of the golf club of this case, which was enforced at the time of sale of the membership of this case, are as follows.

Article 12 Succession to Membership

1. The qualification of a member shall not be succeeded;

Provided, That the qualification shall be determined by the approval of the Steering Committee only for the death or disappearance of a member, with the approval of the Steering Committee.

2. The merged corporation may succeed to membership where a corporation has ceased to exist due to a merger of corporations;

Article 13 Enrollments

1. Membership fees shall be deposited as membership deposit with no interest for five years by the company, and withdrawal, expulsion, death (in cases where no succession is made), and in cases of dissolution of a corporation, only the principal shall be refunded;

Provided, That natural disasters, etc.

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