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(영문) 서울동부지방법원 2018.09.11 2017가단138785
입회보증금 반환 청구
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that mainly engages in facility business for tourists, skiing ground business, golf course business, and condominium business, etc., for sale in lots to its members and manages such facility.

B. On November 6, 1987, F entered into a membership agreement with the Defendant with regard to the full-time share 25 square meters, and Plaintiff A purchased the above membership from F on December 15, 2016 and completed a transfer of membership on December 16, 2016.

C. On October 9, 1991, G entered into a membership agreement with the Defendant on 29 square shares (1/10), and the Plaintiff A purchased the above membership from G on August 7, 2017 and completed the transfer of membership on August 10, 2017.

H entered into a membership agreement with the defendant on April 7, 1993 on 29 square shares (1/10), and I entered into a membership agreement with the defendant on January 11, 1993 on the 14 square shares (1/10). The plaintiff B purchased the above membership from H and I on November 4, 2016 and completed the entry agreement on November 9, 2016.

E. On February 25, 1994, J entered into a membership agreement with the Defendant on February 25, 1994 on the share of 14 square meters (1/10), and Plaintiff C purchased the above membership from J on March 28, 2017 and completed a transfer of membership on March 29, 2017.

[Ground for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including paper numbers)

2. The assertion and judgment

A. The plaintiffs' assertion (1) The period of membership under the membership agreement with the defendant is 10 years or 20 years, and the plaintiffs' membership has already passed 10 years or 20 years since the first entry into the membership agreement, and the defendant shall return the membership fee upon the plaintiffs' request.

(2) The Plaintiffs, both the Defendant and the transferee of the Plaintiff membership rights or the transferee of the membership rights, did not express their intention of withdrawal to the Defendant before the expiration of the contract term, and thus, the contract term of 10 years or 20 years was renewed as in accordance

(b) judgment (1).

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