logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.11.07 2012나86750
입회금반환청구 등
Text

1.The part against Defendant A in the judgment of the first instance shall be modified as follows:

The defendant is attached to A from the plaintiff.

Reasons

1. Under the premise that the Defendant succeeded to the status of the former sports facility business entity E (the representative X; hereinafter “E”), the court of first instance filed a claim for damages and consolation money due to the Defendant’s rejection of use of golf course facilities or rejection of succession to membership rights, concurrently with the Plaintiff’s return of membership fees pursuant to the withdrawal, the Defendant’s implementation of registration procedures in the membership roll managed by the Defendant, and the Defendant’s request for issuance of membership certificates, and the court of first instance accepted the Plaintiffs’ claim for refund of membership fees, the implementation of registration procedures in the membership roll, and the request for issuance of membership certificates, and dismissed the claim for

Since only the defendant filed an appeal against the lost part, the part of the plaintiffs' claim for damages and consolation money is transferred to the trial court, but it does not fall under the object of adjudication.

Therefore, the part against the defendant is to be determined only on the return of the plaintiffs' membership fees, the implementation of the procedures for registration on the membership roll, and the request for issuance of membership certificates.

2. Basic facts

A. On February 7, 1990, the approval of the business plan and the commencement of the construction work for the golf course began to operate the sports facility business by creating the G golf club (the title of the golf club was changed to “I golf club” and “DDD club”; hereinafter “the instant golf club”) and the H golf club (the subsequent title was changed to “J golf club” and “DDDD Class II”; hereinafter “DDD Class II”) on the land and its surrounding areas in the original city. The construction started on December 1995 after obtaining the approval of the business plan from the Gangwon-do Governor.

B. When the construction of the above golf course was developed to a certain extent, E’s primary membership recruitment E refers to 30 persons per each recruitment unit of the above golf club and the recruitment period from February 2, 1998 to February 28, 1998, as shown in attached Table 2-1, to the Gangwon-do Governor around January 1, 1998.

arrow