(영문) 서울중앙지방법원 2015.06.11 2014가합55517

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(영문) 서울중앙지방법원 2015.06.11 2014가합55517

입회금반환

Text

1. On August 18, 2015, the Defendant would pay KRW 220,000 to the Plaintiff.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. A. On May 2009, Surria Lease Co., Ltd. (hereinafter “Nonindicted Company”) subscribed to the instant golf course as a member by depositing the total amount of KRW 220 million in the deposit account designated by the Defendant (hereinafter “instant golf course”) at the time of Chuncheon-si operated by the Defendant (former Co., Ltd.) as a member of the establishment of the instant golf course by depositing the amount of KRW 145-10,000,000,000,000 on July 29, 2009, and then depositing the instant golf course into the deposit account designated by the Defendant.

B. The main contents of the instant golf course’s rules (Evidence A No. 3) that apply between the instant golf course and its members are as follows.

[Article 8]

1. A membership fee shall be collected in the company for five years as a membership deposit, and the principal shall be returned upon the deliberation of the operating committee and the approval of the board of directors at the request of the member, and shall be returned within three months from the date of request;

(hereinafter omitted) [Transfer of Membership Rights under Article 10]

1. The qualification for members shall be transferred and taken over according to the procedure determined by the company, and the approval of the board of directors shall be obtained;

2. When a company approves a membership, it shall enter in the membership roll and issue a membership certificate within 30 days with the seal of approval prescribed by Acts;

[17. Desertion]

2. He shall submit a prescribed application and obtain the approval of the company in order to wish the withdrawal.

3. A member shall not, without the approval of the defendant, request a withdrawal within a grace period of Article 8(1) from the date of entry, and shall be considered to have been automatically renewed unless an withdrawal request is made five years before the date of entry.

4. The withdrawal shall only return the principal of interest without interest.

C. Around 2010, the Plaintiff acquired the membership right of the instant golf course from the non-party company. On May 19, 2010, the Defendant issued and delivered to the Plaintiff a membership card (Evidence A No. 4) indicating that the Plaintiff is a member of the instant golf course.

The plaintiff around May 14, 2014.

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