(영문) 춘천지방법원 2016.11.04 2016나51570

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(영문) 춘천지방법원 2016.11.04 2016나51570

이자청구의 소

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1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant on 789.

Reasons

1. Basic facts

A. The Defendant is a person who operates the leisure facilities of the brand called “Saeaeaebribribriba,” including the modern nature-based condominiums located in the two principles of 202 in the Crossing-gun of Gangwon-do.

B. On December 28, 1995, A purchased five membership rights in Hyundai Co., Ltd. (hereinafter referred to as “instant membership rights”), including five membership rights, and transferred them to G on January 12, 200, and G transferred them to the Plaintiff on September 26, 2001.

Since then, the Plaintiff completed a transfer of entry into the membership of the instant case and received a membership card from the Defendant on June 5, 2003.

C. The main contents of the instant membership agreement are as follows.

[Written Agreement Concerning Condominium Visits] Article 2 (Deposit for Membership)

1.The members shall pay to the Company 46,738,00 won as the security deposit for membership in connection with this Agreement.

Article 3 (Acquisition and Period of Membership) The term "member" shall acquire the qualification of "member" and the right under Article 4 (1) by full payment of the security deposit for membership under subparagraph 2 after the conclusion of this Agreement, and shall hold the qualification for member for 20 years from the date of acquisition thereof.

Article 6 (Return of Deposit for Entrance)

1. A “member” shall not request the return of all or part of the security deposit during the period of membership prescribed in Article 3.

Provided, That this shall not apply after the qualification period expires.

2. Where a request for the return of “member” is made after the lapse of the qualification period under Article 3, the “company” shall be paid in accordance with the procedures for return.

[Management and Operation Contract for Facilities] Article 2 (Period of Contract) The contract shall be 20 years from the date of acquisition of the goods of the contract for sale (in the case of sale) and shall be renewed after the expiration of that period.

Article 3 (Deposit for Operation of Facilities Management)

1. The term “member” shall pay KRW 9,931,00 to the Company as the security deposit for the management of facilities in connection with this contract.

§ 7. Facility management and operation

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