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(영문) 서울고등법원 2016.04.08 2014나2010487
입회금반환
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The grounds for this part of the underlying facts are stated in the corresponding part of “1. Basic Facts” in the reasoning of the judgment of the court of first instance, except where the court records or adds to the reasoning as follows.

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] No. 2, No. 14-15 of the judgment of the court of first instance shall be followed as follows.

(2) As examined below in detail, the Plaintiff acquired golf membership from a regular member on April 6, 2009, and has qualifications for membership of the instant golf course up to now, as follows.

A) On January 3, 2001, the first regular member (1) recruited 1,618 members as members of the instant golf course from Gwangju City (1,177 regular members, 243 members) after obtaining approval of the recruitment of 1,420 members of the instant golf course (1,618 members recruited without obtaining approval).

(2) (2) From April 2002, 564 members who participated in the establishment of the instant golf course (hereinafter “instant shareholder members”), who actually operated the instant golf course from around April 2002.

(3) On September 14, 2006, the Defendant was actually able to receive and pay the new shares equivalent to KRW 30 million from the previous 564 shareholders, with the exception of four existing 564 shareholders allocated new shares. (3) around February 2006, the Defendant began the golf course business under the name of the “Matonacocococococococococococococococococococococococococococococococococoin” and treated the above 564 regular members, and actually guaranteed the special characteristics of KRW 55,00,00 for the golf course usage fees of the said 564 regular members twice a month. The instant rules of the golf club (No. 14 of this case’s No. 6 of this), which was used by the Defendant since February 2, 2006, by obtaining the company’s approval for the membership and obtaining the membership card.

Paragraph 1 is heighted.

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