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(영문) 의정부지방법원 2015.10.06 2015가단106813
입회금 반환 청구의 소
Text

1. The Defendant’s KRW 140,000,000 as well as 5% per annum from April 12, 2015 to April 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) B Co., Ltd. (hereinafter “B”).

A) On September 1, 1992, a golf course (hereinafter referred to as “instant golf course”) is registered as a sports facility business (member golf course business) under the trade name, which is, around September 1, 1992.

(E) On November 1, 2000, E Co., Ltd. (hereinafter “E”) was operated.

2) On May 31, 2001, the Defendant acquired ownership with respect to the land, building, and auxiliary facilities of the instant golf course (hereinafter “instant golf course facilities”) on May 31, 2001.

3) In addition, the Defendant entered into a contract with E on August 9, 2001 under which the registration of the instant golf course is transferred or acquired (hereinafter “instant transfer or acquisition contract”).

(2) On August 9, 2001, the Plaintiff entered into a registration application for change of the head of Si/Gun, who is the competent agency, as of August 21, 2001. The head of Si/Gun changed the registered matters and issued a registration certificate to the Defendant on August 27, 2001. On August 27, 2001, the name of the non-high-high-speed sports facility business successor: (a) representative G corporation name: (b) representative G corporation name after the change of the classification: (c) representative of the Plaintiff in charge of the transaction plan, the Plaintiff operated the instant golf club (C.C. C.C. 4) with mutual agreement between the successful bid and the registration transfer of real estate (IG.C. 4) from August 9,

B. On August 10, 2007, the Plaintiff is entitled to demand the return of KRW 140,000,000 upon the lapse of seven years from the J, a regular golf club member of the instant golf club (hereinafter “instant membership”).

(2) On April 2, 2015, the Plaintiff purchased KRW 183,00,000, and applied for a change of membership to the Defendant on the same day and received a membership card from the Defendant proving that he/she is a regular member (K).

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