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(영문) 서울중앙지방법원 2014.09.02 2014가합515347
입회금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company operating a golf course, “Amti Seoul,” located in Gyeonggi-do, Pyeong-gu, Gyeonggi-do, Gyeonggi-do, 90-2 (hereinafter “instant golf course”). The Plaintiff is a member of the instant golf course.

B. B around July 16, 2009, paid KRW 460,000,000 to the instant golf course. Around March 22, 2010, the Plaintiff transferred the instant golf course membership fee of KRW 460,000 to the Plaintiff. Around March 25, 2010, the Plaintiff subscribed to the instant golf course as a member.

From August 1, 2008 (No. 1) to October 1, 2010 (No. 4-2) to be effective from October 1, 2010 (No. 1), the membership of this club under Article 9 (Entry) of the Enforcement (No. 4-2) of the Act shall obtain the approval of the company in accordance with the prescribed membership procedures, and if a person who has obtained the approval fails to pay the membership fee, obtain the membership fee, obtain the membership certificate, and pay the membership fee, the approval may be revoked.

Article 11 (Entry Fees)

1. A membership fee shall be raised without interest for ten years at the time of withdrawal from the company, and only the principal present at the time of withdrawal shall be returned, and when an event of force majeure, such as a natural disaster, occurs, the return may be reserved for a specific period

(Provided, That a person who was sold in lots before 2008 shall be five years).

1. The withdrawal shall be made by submitting a prescribed application in advance to obtain the approval of the company, and the withdrawal at will may not be approved within 10 years (5 years for participants before 2008) after the entry unless it is inevitable to do so due to the death, immigration or justifiable reasons of the member;

2. To refund only the principal of the enrollment fee paid at a time of withdrawal;

Article 9 (Attendance at Membership) The membership of this club shall be approved by the company in accordance with the prescribed membership procedure and shall be qualified for membership by receiving membership cards.

Article 11 (Entry Fees)

1. The amount of admission shall be free of interest in the company for ten years, and shall be returned only to the principal at the time of withdrawal;

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