1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is a non-corporate body with the purpose of promoting friendship and mutual aid among public officials (driving personnel) belonging to the Daegu Metropolitan City C office as its members.

B. The Defendant’s rules amended on December 15, 2017 stipulate in Article 7 as follows with respect to membership fees:

Article 7 Paragraph (1) of membership fees: 15,000 won shall be the membership fees of the plenary session.

Paragraph 2: This member shall be deemed to automatically withdraw if he/she fails to pay the membership fees on at least three occasions, and paid membership fees shall not be refunded.

Paragraph 3: The full amount of the membership fees at the time of withdrawal (overseas residence, death, and transfer to other City/Do) from the principal meeting for the following reasons among the members shall be paid to each individual by dividing them into the number of members, and the meeting shall be

Paragraph 5: A new policyholder of the plenary session shall pay an individual share in lump sum or in installments by dividing the total amount by the number of members.

C. Around March 14, 1992, the Plaintiff, as a member of the Defendant, paid a contribution under Article 7(5) of the Regulations, and notified the Defendant of his withdrawal on July 2018, and did not pay the contribution.

Accordingly, the Defendant considered the Plaintiff to automatically withdraw pursuant to Article 7(2) of the Rules (hereinafter “instant provisions”) and did not refund the membership fees.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. On July 2018, when the Plaintiff expressed his intention to withdraw to the Defendant, the Defendant held an extraordinary session and agreed to refund the membership fee.

B. In order to withdraw from the Defendant, Article 7(3) of the Regulations provides that no membership fee shall be fully refunded unless there is any reason such as overseas residence, death, or transfer to another City/Do, etc., as prescribed by Article 7(3) of the Rules, and a member who has not paid three-time membership fees pursuant to the instant provision is null and void as a provision contrary to the principle of equity,

Therefore, Article 7 (3) of the Code shall also apply to voluntary withdrawal members such as the Plaintiff.