(영문) 춘천지방법원 2016.11.30 2016가단50804

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) 춘천지방법원 2016.11.30 2016가단50804

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B entered into a membership agreement with the Defendant on February 24, 2005 (the trade name at the time of its establishment was “dusan Industry Development Co., Ltd., but the trade name was changed in order as of December 27, 2006) on the 261-1 location in Chuncheon-si 3, Samcheon-si (the “dusan Condominium at the time” but was changed to the present trade name thereafter; hereinafter “the instant container”) and paid KRW 19,700,000 for the membership deposit (hereinafter “the instant membership agreement”). The main contents of the instant membership agreement are as follows.

The purpose of Article 1 of the membership agreement of this case is to provide for the basic matters concerning the membership of the two organizations condominiums between the company and its members.

Article 2 In the case of reconstruction, extension or remodeling of containers during the period of membership acquisition after the conclusion of this Agreement after the increase in membership security deposit of KRW 19,700,00,000, the company may request the members to pay additional security deposit within an amount calculated by multiplying the ratio of the share of the members to the total amount of the old accounts by the required expenses, if such expenses exceed normal expenses.

Article VAcquisition and Term of Membership

1. The qualification period for membership shall be the period of holding of membership by completely paying the security deposit for membership under Article 2 after concluding the contract of the member, and the qualification period for membership shall be 20 years from the date of acquisition;

2.In the absence of any re-contract or separate agreement between the company and its members after the lapse of the membership period, the member shall have the right to claim the refund of deposit against the company.

Article 7 Return of Security Deposit

1. A member shall not request the return of all or part of the security deposit during the period of membership prescribed in Article 5;

Provided, That this shall not apply after the qualification period expires.

유사 판례

-춘천지방법원 2016.11.04 2016나51570

-서울중앙지방법원 2018.06.12 2017나60750

-대전지방법원천안지원 2016.08.11 2015가단102749

-춘천지방법원원주지원 2019.08.29 2018가단4450

-서울고등법원 2015.04.01 2014나2028501