logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.11.08 2012나67070
명의개서
Text

1. It shall modify the judgment of the first instance, including a claim that has been altered and expanded in exchange at the trial as follows:

Reasons

1. The reasoning for this part of the facts admitted by the court is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. Part on the claim for the return of membership fee

A. Upon the occurrence of the obligation to return the admission fee to the creditors (1) the Dong Dong Dong Dong Dongdong Leisure paid the obligation to pay the construction price to the creditors as KRW 70 million per person in substitution for the admission fee to the golf club. Accordingly, among each of the instant golf clubs in relation to the defendant's operation of the defendant, the 1 membership listed in the attached table of "golf membership" to the plaintiff A, the 2 membership rights to the plaintiff Eul, the 3 membership rights to the plaintiff Eul, the 4 membership rights to the plaintiff Eul, the 5 membership rights to the plaintiff Eul, the 6 membership rights to the plaintiff Eul, the 7 membership rights to the plaintiff Eul, the 9 membership rights to the plaintiff Eul, and the 10 membership rights to the plaintiff J.

On the other hand, comprehensively taking account of the overall purport of the arguments in the statement No. 10-1 and No. 3 of the evidence No. 10-1 and No. 3, the golf club-related provisions among the golf club-related rules prepared by the defendant and the provisions relating to the escape from among the golf club-related rules prepared by the defendant are as follows.

[Regulations Relating to Exclusions from Making Mono Leisures] Article 11 (Entry Fees)

1. Membership fees shall be paid as membership deposits without interest for five years in the company, and at the time of retirement, only the principal of the membership shall be refunded;

Provided, That the return may be suspended for a certain period of time according to the resolution of the board of directors in the event of force majeure, such as natural disasters.

Article 17 (Desertion)

1. In order to escape, a request for withdrawal and membership cards shall be submitted to the company for approval, and the company may not approve any voluntary withdrawal for any reason, within five years after the admission; and

2. To refund only the principal of the admission fee in cases of withdrawal.

[Provisions Relating to the Exclusion of Defendant’s Preparation] Article 10 (Entry Fee)

1. Membership fees shall be collected by a company as a membership deposit for five years on deposit;

arrow