1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion entered into a membership agreement with C (hereinafter “C”) on the admission fee for fluium social members and acquiring the right to use a golf practice range or E golf course (hereinafter “instant golf practice range”). On June 15, 2007, the Plaintiff sent the total amount of KRW 9,000,000 to C’s account as membership fee, and the remainder of KRW 11,000,000,000 to be paid on June 21, 2008 and converted into a regular member on June 21, 2008.

After that, the Plaintiff’s failure to perform the business due to business difficulties around February 2008, and suspended the business, paid the remaining membership fees, or withdrawn the membership contract, and subsequently, became unable to receive the refund of the previous payment. The Defendant succeeded to the membership agreement between the Plaintiff and C, with the permission of sale in the auction procedure, with the permission of sale in the instant golf driving range owned by C, awarded a successful bid for the instant golf driving range, and operated the “F golf club.”

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 9,00,000 as the membership contract is lawfully terminated with the content that the Defendant acquires the right to use the instant golf driving range.

B. Determination 1) The Installation and Utilization of Sports Facilities Act (hereinafter “Sports Act”)

The term “member” under Article 2 subparag. 4 refers to a person who enters into an agreement with a sports facility business entity to use the facilities of a sports facility business on a preferential basis or on more favorable terms than a general user. The so-called “member membership agreement” is established under a credit agreement between a golf club facility business entity and a member. Unless otherwise provided in the terms and conditions of membership recruitment, there is no restriction on the method of paying membership fees (see, e.g., Supreme Court Decision 2009Da658, Jul.