(영문) 수원지방법원 2014.08.29 2014가합61053

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(영문) 수원지방법원 2014.08.29 2014가합61053

입회금 반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On July 15, 2008, the Plaintiff entered into a contract with the Defendant for membership as a regular member of the cost-of-all golf club operated by the Defendant (hereinafter “the instant golf club”), and paid KRW 190,000,000 to the Defendant as the membership fee. On the same day, the Plaintiff obtained a membership certificate (number B) proving that he/she is a member of the instant golf club, and then received a membership guarantee certificate (hereinafter “the instant deposit certificate”).

B. The certificate of deposit in this case states, “The golf club in this case proves that it has deposited KRW 190,00,000 as the membership fee of regular members, and this amount shall be returned at the same time as the withdrawal of the principal certificate when there is a request for return from the holder of the certificate after five years from the date of commencing the membership. However, if there is no request for return at maturity, it shall be extended every five years.”

C. On July 17, 2013, the Plaintiff demanded the Defendant to return the above membership fee on the ground of the expiration of the membership period. D.

The provisions pertaining to the return of the membership fee among the terms and conditions of membership membership of the golf club of this case (hereinafter “instant terms and conditions”) are as follows.

§ 13 (Admission) The membership of this club shall be approved by the company in accordance with the prescribed membership procedure and shall be acquired as membership by obtaining a membership certificate.

Article 14 (Entry Fees)

1. Membership fees shall be paid to the account designated by the company as membership and the principal shall be refunded at the time of retirement;

Provided, That the return may be suspended for a certain period of time according to the resolution of the board of directors in the event of force majeure, such as natural disasters.

2. A membership fee shall be returned only at the time of withdrawal from a deposit for five years, but where a transfer or acquisition is made within the agreed period, the transferee's date of return of the membership fee shall be ten years from the date of entry into a transfer, and no request for return of the membership fee shall be made within 30 days after the expiration of the deposit period

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