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(영문) 서울고등법원 2019.07.17 2018나2049018
입회금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into the instant golf course in Gyeonggi-gun E (hereinafter “instant golf course”).

(2) On April 21, 2015, the Plaintiff paid 400,000,000 won to the Defendant as a member of the instant golf course, and entered into a contract with the Defendant as a member of the instant golf course.

(3) At the time of entering into the instant contract, the term “Membership Agreement” written by the Plaintiff and the Defendant is indicated as follows: Article 1 (Entry Fees) - Membership Zone - Membership Fees: Article 3 (Requirements for Sideing) of the Private Capital Rules (400,000,000) (hereinafter “instant contract”) provides that a person designated by the Plaintiff (including a member of the Plaintiff, etc.) may engage in any of the following activities at the time of filing an application for Sideing:

1. To ensure that the 16th installment out of a month in which membership cards are placed;

2. The term "annual team at least two teams in the week" means using a golf course at least two teams per day.

Possibility of Reservation

3. Deduction from the monthly reservation frequency when using the annual team during the week.

4. The number of members: Four bearer cards.

5.The bearer member in paragraph 4 above shall be subject to the treatment of all the members in the week (which is separate from the green fee exemption).

Article 4 (Refund of Membership Fees)

1. The return of golf membership fees shall be five years from the date on which the membership fees are paid in full;

At this time, the defendant shall return the membership fee to the plaintiff within 30 days from the date of receiving the claim for refund.

(Provided, That if there is no claim from the plaintiff for refund of membership fees, the same conditions shall be automatically renewed. Article 6 (Matters not stated in this Convention) shall be subject to the terms and conditions of use of the defendant, rules and other principles of good faith as agreed by both parties.

B. The existing golf course usage method 1 is allowed to make a golf reservation through the Defendant’s Internet reservation system, telephone, etc., and the Defendant’s Internet reservation system is more than two weeks after every week from 9:00 a.m. on a Saturday.

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