1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2.The cost of application for the return of provisional payments, including the cost of such application.

1. The reasoning for this part of the underlying facts is the same as that of the reasoning of the judgment of the court of first instance, and thus, the relevant part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to the above facts of recognition, the Plaintiff was a member who was admitted to the instant golf course before 2008, and “it may be withdrawn at the lapse of five years after the date of admission” pursuant to the rules of the instant golf course (amended by the Rules of the 2008 amended by July 28, 2008, hereinafter the same), and the Plaintiff expressed the intention of withdrawal and claimed the return of the membership fee by serving the copy of the instant golf course at the time five years have passed after the admission. The fact that the duplicate of the complaint containing the said declaration of intention was served on the Defendant on January 7, 2014 is apparent in the record.

Therefore, the defendant is obligated to pay to the plaintiff 246,00,000 won in total and additional contributions of 216,000,000 won in total and 246,000,000 won in total and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 8, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint.

In this regard, the defendant first asserts that the rules of the golf course of this case submitted an application for the withdrawal of the golf course to obtain the approval of the defendant and the return of the membership card. However, the plaintiff cannot comply with the request for the return of the membership fee unless it goes through such a procedure.

However, Article 19 subparagraph 2 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act provides that a person who has withdrawn from the golf course of this case shall submit an application for withdrawal to the company and obtain the approval of the company. However, Article 19 subparagraph 2 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act provides that the person who has withdrawn from the golf course of this case shall return the membership fee without delay if he/she requests the return of the membership fee, and if it is interpreted that the request for withdrawal of the membership fee can be made only with the approval of the defendant, the right to unilaterally