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Reasons
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(영문) 수원지방법원안양지원 2020.11.25 2019가단9956
입회보증금 등
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1. The Defendant’s KRW 31,320,00 for the Plaintiff and KRW 5% per annum from January 23, 2019 to November 4, 2019.

Reasons

1. Basic facts

A. On August 19, 2003, C Co., Ltd. (hereinafter “C”) entered into a condominium membership agreement (hereinafter “instant membership agreement”) with the Defendant and paid KRW 31,320,000 (hereinafter “instant membership fee”) to the Defendant.

(2) Indication of the subject matters of the guidance for entry;

1. Name: D recreation condominiums;

2. Location: Gangwon-do Gosung-gun;

5. Normality: In the presence of a member of the above 20 square 06 unit units, C as “A” and the defendant who is a resort condominium business operator as “B” shall enter into a membership agreement with the defendant as “B” as follows.

Article 1(Purpose)The purpose of this Agreement is to prescribe matters necessary for “A” to be present and used as a member of the objects of the said indication (hereinafter referred to as “container”).

Article 2 (Methods of Admission and Payment)

1. The admission fee for containers shall be 31,320,000 won per day;

Article 4 (Acquisition and Retention Period of Membership)

1. “A” shall acquire membership from the date of full payment of the membership fees prescribed in Article 2;

2. The period of qualification for “A” shall be 20 years from the date of acquisition of qualification for membership under paragraph (2);

Article 5 (Return of Deposits)

1. “A” cannot, in principle, claim the return of the membership fee to “B” before the expiration date of the membership period.

When there is a request for return of “A” after the expiration of the above period, “B” shall return the principal of the membership fee within ten days from the date of the request, and at the same time, “A” shall lose the membership fee.

Provided, That where an inevitable situation, such as a natural disaster, occurs, the return of the membership fee may be postponed through consultation between "A" and "B".

2. “A” also falls under any of the following cases before the expiration date of the membership period, and where a request for the return of the membership fee is made with documentary evidence attached, the refund of the membership fee after the expiration date of the membership period.

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