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(영문) 서울중앙지방법원 2016.07.15 2015가합20839
입회금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a juristic person operating a deposit membership golf club (hereinafter referred to as “instant golf club”), which is a deposit membership golf club (hereinafter referred to as “the instant golf club”), located in Gwangju City, Gwangju-si, 156-1. The plaintiffs are the persons who have acquired the right to regular membership of the instant golf club.

On September 28, 1989, the Defendant’s establishment of a tourist development company (hereinafter referred to as “Saeong Tourism”) had obtained approval from the Governor of the Gyeonggi-do to build a membership golf course with a size of 18 holes in the 156-1 unit in the Yari-ri-ri-ri 156-1 unit in Gwangju-si, and installed the instant golf course facility in the size of 18 holes. On December 24, 1994, under the Installation and Utilization of Sports Facilities Act (hereinafter referred to as the “Sports Act”), the Plaintiff registered the sports facility business under the name of the Gyeonggi-do Governor, “Mari-ri-ri club” on the condition that the establishment of the instant golf course is concurrent with the sports facility business of nine holes under the Installation and Utilization of Sports Facilities Act.

On November 1, 1997, an auction was commenced on some of the instant golf course sites (18 holes in total, 27 holes in site for membership golf course), and a golf club, etc. (hereinafter “instant golf course site, etc.”).

Of the members on board tourism, 564 members established Ora Tourism Development Co., Ltd. (hereinafter “Oap Tourism”) by contributing to KRW 58 million per person (one million won for stock acquisition and loan, KRW 57 million) for the purpose of winning a successful bid for the instant golf course site, etc. on April 16, 2001. On March 25, 2002, 100 after receiving a successful bid for the instant golf course site, etc. at the above auction procedure on April 16, 2001, she received a delivery of the instant golf course site, etc. on March 25, 2002.

However, the articles of incorporation prepared by the resolution of the temporary general meeting of shareholders on September 24, 2001 of the Maol Tourism are now existing sports conference.

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