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1. The Defendant: (a) KRW 140 million to the Plaintiff; and (b) KRW 5% per annum from February 24, 2015 to May 22, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. A. On September 1, 1992, C Co., Ltd. (hereinafter “C”) entered into a contract with D on November 1, 200 to transfer or acquire the registration of the instant golf course with D (hereinafter “B”) after completing the registration of the sports facility business (member golf course business).
B. After that, on May 31, 2001, the Defendant entered into a contract (hereinafter “instant transfer/acquisition agreement”) under which the Defendant acquired the ownership of the instant golf course and transferred or acquired the registration of the instant golf course (hereinafter “instant transfer/acquisition agreement”) by acquiring the ownership on August 9, 2001.
C. On August 27, 2001, the head of Seocheon-gun altered the registered matters and issued a registration certificate to the Defendant according to the Defendant’s modified registration application, and the Defendant is operating the instant golf course from the time when the modified registration was completed to the present day.
The name of the corporation that succeeded to non-high-class sports facility business after the change before the change in classification: Category G corporation: B representative H on August 9, 2001: DI on the acquisition of real estate auction and registration on August 9, 201
D. On February 7, 2006, the Plaintiff purchased a golf club membership fee of KRW 140 million (hereinafter “instant membership”) from the Defendant to demand the return of KRW 140 million upon the lapse of seven years from the Plaintiff’s validity through the membership exchange (hereinafter “instant membership”), and received a membership certificate from the Defendant on March 7, 2006, which proves that he/she is a regular member (J number):
E. On February 23, 2015, the Plaintiff sent to the Defendant a certificate of content that contains “the term of validity of the admission to the instant golf course, withdrawal of the membership, and request the return of the membership by March 5, 2015.”
[Reasons for Recognition] There is no dispute, Gap 1 to 1.