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(영문) 서울중앙지방법원 2016.01.14 2014가단5123739
입회금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Corporation B (hereinafter “Defendant B”) is the owner and lessor of D 10,849 square meters in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and of F 2,126 square meters in size (hereinafter “instant land”).

B. G (hereinafter “G”) newly built the building on the ground of the instant land, etc. leased by Defendant B (hereinafter “instant building”) with a four-story size, and reported the sports facility business as to the golf practice range to the head of Sung-nam-si Branch Office (hereinafter “the head of the branch office of branch office”) around November 2005.

G completed registration of preservation of ownership of the instant building around December 2005.

C. Since the time of the above report, G operated a golf practice range with the trade name “G” in combination with the instant building and all facilities attached thereto (hereinafter “instant golf practice range”). G did not submit to the head of the branch office of the branch office of the branch office of the branch office a plan for the membership of the instant golf practice range.

On November 26, 2009, Defendant B leased the instant land to G by setting the deposit of KRW 1 billion, KRW 1.4 billion per annum, KRW 1.43 billion per annum (at the end of each month, an annual increase by 3%, but payment shall be made at the end of each month), and the lease period by May 18, 2017.

(hereinafter “instant lease”). Of the terms and conditions of the instant lease agreement, the parts related to the instant case are as follows.

Article 5 (Acceptance of Donation, etc.) (1) Where the contract is terminated due to the expiration of the contract period or due to the circumstances of G, G shall contribute buildings and all other facilities installed by G on the leased object of this contract to Defendant B without any condition.

(3) At the time of donation under paragraph (1) above, G is legally responsible for extinguishing all obligations owed to golf membership members of existing golf courses, such as the return of membership deposit, etc.

Article 11 (Termination of Contract) (1) In any of the following cases, Defendant B may immediately terminate this contract without the peremptory notice to G:

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