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(영문) 서울고등법원 2018.05.04 2017나2052178
입회금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows.

Article 12 of the first instance judgment (amended by Act No. 4719 of Feb. 7, 1994) shall be amended to "(amended by Act No. 4719 of Jan. 7, 1994)"(Article 7 (1) of the first instance judgment).

The fifth part of the judgment of the court of first instance, "from September 5, 1992" of the fifth part of the judgment of the court of first instance, "from around August 5, 1992," shall be applied.

The 9th sentence of the first instance judgment, the 10th to 13th sentence of the 13th sentence, "Therefore, the 10th sentence shall be followed as follows."

The plaintiffs did not perform their obligations under each member agreement regarding the above skiing ground because they did not operate the skiing ground of this case as well as the non-party company, and all the defendants who succeeded to the rights and obligations from them did not perform their obligations against the plaintiffs. The plaintiffs terminated each of the above agreements with respect to the defendants by service of a copy of the complaint of this case, and finally succeeded to the rights and obligations of the non-party company, which is sports facility business entity, by acquiring the real estate of this case in their principal place, as to the defendant Q, who first succeeded to the rights and obligations of the non-party company, as a sports facility business entity, and sought a return of the subscription fee upon the termination of the above agreement between the non-party company and the plaintiffs."

The amended Act No. 4719 of Jan. 7, 1994 (amended by Act No. 5636 of Jan. 18, 199) of the first instance judgment No. 10 shall be amended to "before it was amended by Act No. 5636 of Jan. 18, 199."

Nos. 10 through 11 of the first instance judgment was in place, and thereafter, "the above provision was amended by Act No. 5636 of Jan. 18, 199," but the Mayor/Do governor is 15 days before the date of commencement of membership recruitment.

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