1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 31, 1994, B entered into a contract for the operation of facilities management (hereinafter “instant membership agreement”) with Gangnam-gun C Condominium Co., Ltd. (hereinafter “instant agreement”) 35 square meters-type 10/5 unit membership rights (hereinafter “instant membership rights”) between Sungsung-gun Mutual Leisure Industry Co., Ltd. and Sungsung-gun Mutual Leisure Industry Co., Ltd.

Of the above membership agreements, the part related to this case is as follows, and the facility management deposit is determined as KRW 8,400,000 in the facility management agreement and the details of the guarantee period for the use of the facility, the return of the facility management deposit, etc. are the same as the membership agreement of this case in addition to the provisions of

Article 2 (Deposit for Membership) (1) The term "member" shall pay 39,800,000 won as a security deposit for membership in connection with this Agreement to the "company".

Article 3 (Guarantee Period for Use of Facilities by Members) The term "member" shall acquire the qualification of members and the right of Article 4 (1) through full payment of the membership deposit under Article 2 after the conclusion of this contract, and shall be the guarantee period for the use of facilities by members for 20 years from the date of acquisition.

Article 6 (Return of Deposit for Admission) (1) No member shall claim the refund of all or part of the deposit for admission during the guarantee period for the use of facilities under Article 3.

(2) Where a member requests the return of "member" after the expiration of the guarantee period for the use of facilities under Article 3, the "company" shall be paid in accordance with the procedures

Article 7 (Transfer of Membership Rights) (1) The term "member" may transfer his/her membership under this Agreement, and in such cases, he/she shall deal with it in accordance with the prescribed procedures for change of name.

Provided, That it shall not be transferred before the acquisition of membership.

(2) The period of guarantee for the use of facilities by a transferee shall be the remainder of the transferor, and all claims and obligations related to the contract shall also be succeeded.

B around June 1995, around 1995, paid KRW 39,800,000 of the above security deposit and KRW 8,400,000 of the security deposit for facility management as stipulated in the facility management operation contract.

(b) B.