1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. "1. Basic Facts" in the reasoning of the judgment of the court of first instance concerning this case;

2. The judgment on the primary cause of claim is identical to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable to accept the judgment in accordance with the main sentence of Article 420 of the Civil Procedure

2. Judgment on the conjunctive cause of claim

A. On May 2008, the Plaintiff asserted that the Plaintiff offered no further additional membership recruitment to the members of the instant golf course, but thereafter recruited VIP members, the name card holders, new general members, regular members, preferential members, and regular members. The Defendant, who recruited additional members, practically infringed upon the Plaintiff’s preferential right to use the instant golf course’s general members and the right to realize membership, and this constitutes “the modification of an agreement on the rights and interests of the members,” which constitutes grounds for the withdrawal of membership under Article 19(2) of the Enforcement Decree of the Sports Facilities Act.

Accordingly, the Plaintiff served a duplicate of the application for additional claim as of November 17, 2014, and expressed his/her intention to withdraw to the Defendant. As such, the Defendant is obligated to refund the amount of KRW 190 million to the Plaintiff as a general member favorable to the Plaintiff.

(b) Sports facility business entities or a person who has obtained approval of a business plan may recruit members, and where they intend to recruit members, they shall prepare and submit a membership recruitment plan to the Mayor/Do Governor and the head of a Si/Gun/Gu (limited to the head of an autonomous Gu; hereinafter the same shall apply) by not later than 15 days before the date on which membership recruitment begins;

Article 18 (Protection of Members) Any sports facility business entity who has recruited members under Article 17 (1) or any person who has obtained approval of a business plan shall be prescribed by Presidential Decree in order to protect the rights and interests of members in cases of transfer and acquisition of membership, refund of membership fees, confirmation and issuance of membership cards, composition and work of a representative body, etc.