beta
Text
1. The plaintiffs' claims against the defendant-appellant are dismissed in entirety.
2. The plaintiffs' total costs of litigation.
Reasons
1. Basic facts
A. The F Co., Ltd. (hereinafter “F”) completed a report in accordance with the Installation and Utilization of Sports Facilities Act, around 2010, to a company operating a sports club called “G”, and to the North-gu Seoul Metropolitan City office.
The details related to the membership fees submitted at the time of the report shall be as follows:
Article 3 (Entry Fees)
1. Members shall deposit membership fees in the following account of the company:
Bank Name: H Account Number: Non-Party Company
4. A member shall not demand the return of the full amount of the membership fee for two or three years from the date of full payment, and a member shall make a re-contract with the company after two or three years of the period of deposit agreed with the company.
In such cases, when a member requests a company to resign, the company shall return the principal in accordance with the rules of the Association.
5.The deposit of a membership fee shall be valid only when it has been deposited in the account as provided in paragraph 1 and that has been settled on a credit card, and a member shall not assert that he has deposited in the account in the name of any third party other than that or deposited by any other means to the company.
B. The J, a trust company that entered into a real estate security trust contract with the non-party company, (hereinafter “J”) conducted a public sale procedure on the real estate owned by the non-party company (S) at the request of the beneficiary for realization of the first beneficiary. The Defendant entered into a sales contract with J on August 19, 2015 after receiving a successful bid for the said real estate and golf course facilities during the public sale procedure, and paid KRW 4,475,00,000 for the public sale price.
Article 14 (Disqualification of Members)
1. The qualification of a member shall be lost in the following cases:
1) If a member has resigned. Article 17 (Desertion)
1. Members may withdraw from a club in accordance with the detailed rules by giving written notice to the club;
Article 18 (Refund of Security Deposit) Where a member withdraws pursuant to Article 14 (1) of the Rules of the Association or Article 9 of the detailed Rules.