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(영문) 서울남부지방법원 2019.07.25 2018가단254601
회원지위확인등청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a company that has established tourist accommodation business, etc. as its business objective, and is the business operator of Gwangju City Criju, which is a resort condominium (hereinafter “the instant resort”). On May 30, 2008, the Plaintiff is a company that entered into an membership agreement with the Defendant by taking over the membership rights of the instant resort that was already sold on May 30, 2008. (b) The Plaintiff is a membership agreement with the Defendant on the condition that “Puit Puit (167.01 square meters), 1 unit of 5 unit of 5 unit of 1,000,000 won, and 166,000,000 won,” and the membership agreement written at the time includes the following contents.

Article 4 (Acquisition and Retention Period of Membership) (1) A (hereinafter the same shall apply) of the membership agreement (hereinafter referred to as “instant membership agreement”). A shall acquire the membership from the date of full payment of the membership fee prescribed in Article 2. <2 The expiration date of the membership period of A shall be ten years from the date of acquisition of the membership under paragraph (1): Provided, That where A or B (Defendant; hereinafter the same shall apply) does not raise an objection in writing 30 days before the expiration date of the membership period, this agreement shall be deemed to be extended under the same condition. <4> B shall notify the expiration date of the membership period and the contents of paragraph (3) 60 days before the expiration date of the membership period. A may not request for the return of the membership fee to B before the expiration date of the membership period. B shall be returned within 10 days before the expiration date of the membership period and at the same time, the principal of the membership fee shall be returned within one of the following parties:

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