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(영문) 서울중앙지방법원 2017.12.21 2017가합563439
입회금 반환 청구의 소
Text

1. The Defendant’s KRW 230,000,000 as well as 5% per annum from June 9, 2017 to September 22, 2017 to the Plaintiff.

Reasons

1. Fact and determination

A. The facts of recognition 1) The defendant is a corporation with the purpose of golf course business, etc., and the golf course "rash-con-con-law club" (hereinafter referred to as "the golf course of this case") at the 454-3 Chang-ri, Nam-si, Nam-si, Nam-si, Nam-si.

(2) On May 25, 2007, the Plaintiff purchased membership rights (e.g., membership rights E6-12-010, hereinafter referred to as “instant membership rights”) of the instant golf course from 30,000,000 won from 30,000,000 won. The Defendant completed the transfer of ownership in the name of the Plaintiff on the membership deposit certificate issued in the future of 30,000,000 won, and issued a membership certificate to the Plaintiff.

Article 7 Enrollments

1. A membership fee shall be refunded only the principal upon deliberation by the operating committee and approval of the board of directors, upon request of a member to resign from the company for five years, as a membership bond;

(B)

2. A member for whom five years have passed after depositing a membership fee shall submit a prescribed application at the time of withdrawal, and shall, in principle, be automatically extended if no request for withdrawal is made;

Article 15 Members shall not request a withdrawal from the company without approval of the company within the grace period of Article 7 from the date of entry, and shall be considered to have been automatically renewed unless an application for withdrawal is made after five years have elapsed from the date of entry.

3) Meanwhile, the instant golf course rules (hereinafter “instant rules”)

(4) As to the membership fee, the grace period of the membership fee of this case was extended once on May 25, 2012. On March 10, 2017, the Plaintiff sent to the Defendant a content-certified mail that contains a declaration of intent to request the return of KRW 230 million, which is the expiration date of the second grace period, within two weeks from May 25, 2017, when the Plaintiff expressed to the Defendant a refusal to renew and an intention to withdraw a meeting, and that time reaches the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

B. Determination

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