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(영문) 수원지방법원성남지원 2015.08.27 2013가합10648
입회금반환
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 legal entity that operates a deposit membership golf club (hereinafter “Dcont club”) in Gwangju City, and the Plaintiff is a person who has acquired preferential membership rights in the instant golf club.

B. The Defendant’s establishment background, etc. 1) E Co., Ltd. (hereinafter “E”).

A) On September 28, 1989, the Governor of the Gyeonggi-do established a golf course facility of 18 holes in size with the approval of the project plan for the construction of a golf course of 18 holes from the Governor of the Gyeonggi-do. On December 24, 1994, the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”).

(2) On the other hand, the Plaintiff established G Co., Ltd. (hereinafter “G”) with a contribution of 58 million won per head for the purpose of purchasing the instant golf course site, etc. from around November 13, 2001 to complete the registration of ownership transfer in the name of the instant golf course, upon the Plaintiff’s bankruptcy around November 1997. (2) After which E established the auction procedure on the site of 18 holes and the building of the instant golf course (hereinafter “instant site, etc.”) among the entire site of the instant golf course, 564 members, among E members, established G Co., Ltd. (hereinafter “G”), with a contribution of 58 million won per head for the purpose of purchasing the instant golf course site, etc., from around 205, after purchasing the instant golf course site, etc. in the above auction procedure to fully pay the auction price on August 13, 201, and completing the registration of ownership transfer in the name of the instant golf course under the name of the Plaintiff’s name, etc.

3) Meanwhile, H and I Co., Ltd. (hereinafter “H”)

A. On October 21, 2003, the instant golf course was acquired by transfer from E all the rights arising from the registration of the instant golf course business, and acquired the ownership of the nine story site among the instant golf course, between H and G.

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