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(영문) 서울중앙지방법원 2014.08.22 2014가합8580
집행문부여에 대한 이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Article 1 of the Special Agreement on Group Admission between Defendant and AIMD Co., Ltd.: This Agreement applies only to the members who entered into the first membership agreement with the Defendant as a member of the Defendant attached to the Special Agreement, which shall take precedence over the admission agreement, terms and conditions of use, and bylaws of the instant golf course.

Article 2:The defendant's admission fee shall be 190,000 won, 380,000 won, special members by separate consultation shall be determined in an amount agreed between the parties.

Article 3:At the time of attending by the Defendant, the weekend reservation shall be free from Saturdays, Sundays, statutory holidays limits or classification, and it shall be guaranteed that the three-time guarantees for Washington members, five-time guarantees for banking members, and special members are the number of separate consultations between the parties.

Article 4:Time of payment of admission fees to be paid by the defendant to the non-party company is to be paid in accordance with the time due to the personal circumstances (the time when the admission fees are returned to the non-party company) of each of the defendant's members, and the time of repayment of admission fees shall be five years after the date of payment of the balance by each

- If a member of the defendant claims the return of the membership fee in violation of this special agreement, the non-party company must immediately return the membership fee.

Around April 201, the Defendant entered into a membership agreement with AIMWD Co., Ltd. (hereinafter “BS”) and the non-party company entered into a membership agreement with the non-party company for joining a mountain-water golf club (hereinafter “instant golf club”), which is developed in the Chocheon-si, Chocheon-si, a movable property of Chuncheon-si. As such, the Defendant agreed to enter into the membership agreement (hereinafter “instant agreement”) on the following terms and conditions (hereinafter “instant collective membership agreement”).

An applicant for a membership contract under Article 1 of the instant golf course membership contract refers to a contract with respect to the acquisition by a company for membership in a mountain-water golf club (54 holes), which is promoted in Gangwon-do and Hongcheon-gun.

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