The case holding that the membership management regulations of a golf course that stipulates that the difference corresponding to the initial discount rate shall be paid as additional admission fee based on the current market trading price of the golf course shall be valid where a person who resides in a foreign country who has sold overseas membership at a discounted price than the domestic membership takes over the name and opens the name thereof.

The case holding that the membership management regulations of a golf course that stipulates that the difference corresponding to the initial discount rate shall be paid as additional admission money based on the current market trading price of the golf course shall be valid in case where a person who resides in a foreign country who has sold overseas membership at a discount than the domestic member's membership takes over a name and opens a name.

Articles 19(1) and 20 of the Installation and Utilization of Sports Facilities Act, Article 19 subparag. 1 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act

Korea-Man Credit Depository (former Trade Name: Samsan Mutual Savings Depository)

○○ canal clubs (Law Firm International Law Firm, Attorneys Park Jong-kick et al., Counsel for the plaintiff-appellant)

Busan High Court Decision 99Na3068 delivered on December 29, 2000

The judgment below is reversed, and the case is remanded to Busan High Court.

1. Based on evidence employed by the court below, the defendant issued 40% of membership cards to the non-party 1 who is an incorporated association with 10% of membership cards and purchased new membership cards at the beginning of 1970s, and then sold membership cards at the rate of 40% of membership cards to the non-party 1 who resides in Japan. Accordingly, the non-party 1, a non-party 2, who purchased new membership cards at the time of 50% of membership cards at the time of 1973, paid 30% of membership cards at the time of 500,000 won to the non-party 2, and the non-party 1, a non-party 2, who purchased new membership cards at the time of 40% of membership cards at the time of 1983, to the non-party 2, who purchased new membership cards at the time of 30% of membership cards at the time of 198. The non-party 2, who did not transfer the above shares to the plaintiff 3.

Then, the court below held that imposing restrictions on the change of the name of a foreign member in the name of the foreign member is not allowed unless it is prior to the amendment of the articles of incorporation through the resolution of a general meeting, since the management convenience is merely the management convenience of the foreign member and the two are not different from the qualifications or rights and duties of the foreign member. However, even if the board of directors, which is a business execution institution, adopted the above resolution and made regulations, it is not effective as it constitutes an amendment of the articles of incorporation that was made without due process, and the validity and rationality of the above resolution and regulations are expressed, and the criteria for additional payment are not itself arbitrary and cannot be permitted under the principle of good faith. Article 19(1) and Article 20 of the Installation and Utilization of Sports Facilities Act, Article 19 subparag. 1 and Article 6 of the Addenda of the same Act, Article 3 of the former Installation and Utilization of Sports Facilities Act (Act No. 4106 of Mar. 31, 1989), and Article 3 of the former Installation and Utilization of Sports Facilities Act, etc.

2. However, we cannot accept the judgment of the court below.

According to the facts established by the court below and the records, even if there was no explicit provision on overseas membership in the articles of incorporation of the defendant corporation, it was treated as a special form of "individual member" in the operation practice of the defendant corporation, and the right to overseas membership was paid and issued only 60% discounted than that of the general member at the time of initial membership, so it is reasonable to refund only 60% of the amount of refund to the general member (referring to the transaction time tax at the time of the membership right) to the general member, even if there was a reason to refund the membership fee such as withdrawal and expulsion, and it is also reasonable to view that there was no provision on overseas membership under the above articles of incorporation of the defendant corporation's corporation's 20% of the total number of individual member membership rights issued by the general member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member rights as invalid or invalid.

As determined by the court below, whether the membership of this case was issued to Nonparty 1 who is a re-Japan, as determined by the court below, was also transferred to Nonparty 2 who is a re-Japan, and Nonparty 2 transferred to Nonparty 3 who is a domestic resident and changed the name in sequential order (it seems that the change of the name was made in the status of an overseas member because Nonparty 3 was a domestic resident, but he was a "family member" as stipulated in Article 5 (1) 3 of the articles of incorporation because he was a child of the above non-party 2, and was still a member of the above non-party 3). Since the plaintiff, a domestic corporation, was transferred the membership of this case as a substitute payment for the claim against the above non-party 3, the plaintiff should be interpreted to have paid the difference of 40% as seen earlier to the defendant and requested the change of the name concerning the membership

Unlike the above opinion, the court below's reasoning that accepting the plaintiff's claim in its entirety cannot be maintained as it is unlawful, and the defendant's ground of appeal pointing this out is with merit.

3. Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition.

Justices Lee Yong-woo (Presiding Justice)