1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 24, 2004, the Plaintiff entered into a C membership agreement with the Defendant (hereinafter “instant agreement”) with the following content.

Article 1 (Application for Membership) Members (Plaintiffs) shall apply for membership to C located in Young-gun, Young-do, the company (Defendants) of which is scheduled to operate, and pay membership fees, and the company shall issue one membership card to the members.

A private golf membership fee: 130 million won (a contract deposit: 30 million won and the balance 100 million won) (a contract deposit) members under Article 2 (Members) shall choose among the memberships recruited by the company and pay the membership fee as prescribed in Article 3.

( Memberships for the plaintiff's home are as follows): Article 3 (Entry Fees)

2. A membership fee deposited with a company shall be 130 million won;

3.Attendances shall be deposited with the following payments:

· Down payment: Payment in equal installments twice every two months from the date of conclusion of the membership agreement at the time of conclusion of the membership agreement;

4. A member shall not request the return of the full amount of his/her membership fee for five years from the date of opening the said deposit, and if a member requests the return of his/her membership fee after five years, the company shall refund the principal excluding donations under Acts and subordinate statutes, as prescribed by the rules of the Association;

6. If the Company fails to pay by the due date set forth in paragraph 3 above, it may collect from the Company the arrears equivalent to 10 per annum for the number of days elapsed.

B. Under the instant agreement, the Plaintiff paid KRW 30,000,000 to the Defendant on June 24, 2004, but did not pay the remainder of KRW 100,000,000 out of the membership fee.

C. After the lapse of five years from the date of the instant agreement, the Plaintiff demanded the Defendant to return KRW 30,000,000 to the down payment with the content certificate (as of September 7, 2009), but the Defendant refused to return the down payment on the ground that it is possible to return the full amount of the deposit to the paid-in member.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and 4, and the purport of the whole pleadings.