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(영문) 대전지방법원 2019.05.22 2018나110712
명의변경절차이행
Text

1. The defendant's appeal is all dismissed.

2. All of the appeal costs are borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. G 118 million won on Nov. 17, 2010, 201, G 17, 2010, the amount of membership as of May 13, 2008, including the membership number of KRW 50 million on May 13, 2008

A. H paid membership fees to the Defendant as follows, and joined as a juristic person of the “D” golf course operated by the Defendant (hereinafter “instant golf club”).

B. Around February 14, 2014, F submitted an application for change of name to the effect that “F shall acquire each of the instant membership rights from H and complete the procedure for change of name.” At the time, the Defendant submitted an application for change of name to the effect that “F shall give priority to the meeting rules, and as a result, the transferee’s membership (the meeting period) shall be ten years from the time the transferee completely pays the transfer fees to the club, and shall automatically extend it for ten (10) years if the transferee does not make a written request for change of name within three (10) days prior to the expiration of the membership period.”

C. On July 14, 2017, Plaintiff A acquired the above membership number E from F, and Plaintiff B acquired the above membership number G from F on the same day.

Article 10 (Attendance at Membership) The membership of this club shall be approved by the company through prescribed procedures, and shall be acquired by obtaining a membership certificate.

Article 11 (Entry Fees)

1. Membership fees for members shall be collected from the date of issuance of membership fees for ten years, and the membership fees shall be refunded only to the principal of the membership fees paid at the time of withdrawal or expulsion;

Article 18 (Transfer of Membership Rights)

1. The qualification of members may be transferred to another person according to the procedure determined by the company;

3. The acquisition and succession of membership rights and the change of the name of a corporate member shall pay the membership registration fees determined by the company after going through the prescribed procedures;

Of the rules of the instant club, the parts related to the instant club are as follows.

E. The transfer fee of each of the instant membership is KRW 660,000, respectively.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, 5, 6, 6.

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