1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance, except where the defendant added the following judgment as to the matters alleged in the court of first instance, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendant’s assertion 1) The right to claim the return of the membership fee of a golf club in the deposit membership system arises depending on the deposit of the deposit. Such deposit is distinct from the golf membership agreement, and the deposit is a physical contract, which is established only when a real deposit of the deposit is made.

Even if the Plaintiff succeeded to the membership of this case acquired by the Chang Chang Electric from the Dong Chang Electricity’s membership under the membership agreement, insofar as he did not actually deposit the amount of KRW 70 million per membership in the process of his membership in the Dong Young Electricity (it is not proved by the Plaintiff’s assertion and proof that the claim for the payment of the construction price was actually paid, even if the Chang Chang Electricity deposited the deposit in the Dong Young Leisure with the transfer of the construction price claim) and the Plaintiff cannot have the right to claim the return of the membership fee.

In other words, inasmuch as he/she receives a membership fee in lieu of the construction cost, he/she shall only have the obligation to preferentially use the instant golf course facilities to the Plaintiff, and there is no obligation to return the membership fee.

(b) If a deposit is deposited with bonds, the amount to be returned shall be equivalent to the appraised value of the bonds.

In this case, even if it is deemed that the deposit can be established by the transfer of the contract price claim, it is difficult to recover 10% of the amount of the claim, and it is deemed that the full amount of the claim is consumed by the amount of credit for the claim for the construction price of Yong Chang Chang Electric, the amount of the contract is established as a breach of trust.