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(영문) 인천지방법원부천지원 2016.07.29 2016가단107372
입회금반환청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest thereon from June 4, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On June 25, 2004, Dongdong-dong Co., Ltd. newly established a golf club (hereinafter “instant golf club”) established in the Ilcheon-si Seoul Special Metropolitan City, Seocheon-gu, Seocheon-si, 58-1, the 558-1 Seoul Special Self-Governing Province, thereby registering it as a registered sports facility (member golf club) of 18 holes in accordance with the Installation and Utilization of Sports Facilities Act, and extended the 18 holes on May 23, 2007, and completed the registration of change to the Macheon-gu City Mayor.

B. On May 29, 2007, the Plaintiff purchased membership fee of 70,000,000 for the instant golf course and became a regular member (number B) of the instant golf course.

The membership purchased by the plaintiff may be claimed by the plaintiff at the request of the member himself/herself after at least five years have elapsed since the regular opening of the membership.

C. On September 23, 2011, the Defendants purchased the instant golf course from Dong-dong Co., Ltd., and completed the registration of transfer of shares in the instant golf course site on November 11, 201, and subsequently registered the change on the ground of the change of ownership to the Macheon City Mayor on December 28, 2011.

The Plaintiff, as a delivery of a duplicate of the instant complaint, declared the Defendants to withdraw from the golf course member, and sought the return of the membership fee.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants, who are golf course installers, are jointly and severally liable to pay to the Plaintiff the amount of KRW 70,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 4, 2016 to the date of full payment, which is obvious that the Defendants’ delivery of a copy of the complaint of this case to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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