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(영문) 부산고등법원 2017.12.07 2017나52323
회원지위박탈금지
Text

1. The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. The Defendant, around June 2010, opened and operated a AP consortium golf club (hereinafter “instant golf club”) from Sungsung-gun, Sung-gun, Sung (Seoul).

B. The Plaintiffs enter into a membership agreement with the Defendant (hereinafter “instant membership agreement”) and are members of the instant golf course.

(The Plaintiffs in attached Form 1 shall be VIP regular members and the Plaintiffs in attached Form 2 shall be regular members). In the case of members of the instant golf course, the Plaintiffs may use the golf course and incidental facilities under more favorable terms than the general public, instead of paying the prescribed amount of admission.

C. The main contents of the rules of the instant golf course are as follows.

Article 10 Visits

1. The applicant for membership of this club shall submit to the Company an application for prescribed membership and deposit the prescribed membership fees to the Company after obtaining approval from the Company.

2. A person who completes all the above matters shall be qualified for membership by obtaining a membership certificate;

Article 11 Enrollments

1. The membership fee shall be free of interest for five years in the company, shall be returned without delay only to the principal present at the time of the withdrawal, and where a natural disaster or other force majeure event occurs, the return of the membership fee may be deferred for a certain period pursuant to the resolution of the board

Article 12 Transfer and Acquisition of Membership Rights

1. Transfer and acquisition of membership rights shall be subject to prior approval from the company;

Provided, That in this case, the person's opening fees determined by the club shall be paid according to the prescribed application form.

2. Where a company has determined the period of suspension of transfer with the approval of the board of directors, no transfer of membership shall be made during that period, notwithstanding paragraph 1 of this Article.

3. Matters concerning the transfer, acquisition, etc. of members may be refused pursuant to relevant Acts and subordinate statutes and company policies;

If a member subject to restrictions on membership under Article 14 falls under any of the following items, his/her qualification shall be temporarily suspended or suspended by a resolution of the board of directors:

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