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(영문) 수원지방법원 2018.10.26 2017가합22905
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final claim inspection judgment 2016 Pertaining to April 28, 2017.

2. Each of the plaintiffs' lawsuits.

Reasons

1. Facts of recognition;

A. At around 1980, AL Co., Ltd., the Defendant’s telegraphic body, created AK resort complex (hereinafter “responding complex”) in the area AMri-si, the wife population, constructed 50 housing units (forest housing units) in the complex, recruited members who have the right to use the relevant housing and the right to use other facilities owned by the Defendant as principal rights, and received membership money from the recruited members.

The rules of the AK Recreation Complex Association (hereinafter referred to as the “instant rules”) which stipulate the relationship between its members and the defendant at the time include the following:

Article 5 (Entry Fees) Members of a resort complex shall be as follows:

1. A membership fee shall be 0,000 won per day;

2. A grace period of admission shall be ten years;

(Provided, That it shall not be refunded before the expiration of the grace period)

3. Upon a request for withdrawal from the society after the expiration of the grace period, the principal shall be refunded at the time of attendance.

B. On December 21, 1987, NF organizations performing the role of operating committee as friendship among the members of the resort complex (hereinafter “instant agreement”) entered into an agreement with the Defendant and its members to clarify their rights and obligations, such as the rights and obligations of the Defendant and its members (hereinafter “instant agreement”). The agreement contained the following:

Article 2 (Scope of Application) (1) This Arrangement is effective for each transferee of A and B as well as between A (referring to the defendant) and B (referring to the members ofN organizations).

Article 3 (Rules of Recreation Complex) ① It is confirmed that the rules of the AK Recreation Complex, which was enacted and implemented at the time of the first member participation, A, and B, are effective rules for the operation of the resort complex.

Article 5 (Legal Relationship of Real Estate) (1) With respect to each building within a resort complex used by members, it shall be confirmed that all rights substantially accrue to each member.

(2) The term "A" shall recognize the use of land necessary for the use of a building by "B" and shall be land annexed to a building site.

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