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(영문) 수원지방법원성남지원 2015.09.08 2015가단200080
집행판결
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 27, 2009, the Plaintiff joined as a member of the “Pada golf practice range” operated by the non-party company, and three years have passed since the date of entry, withdrawing from the membership in accordance with the membership agreement, and claiming the return of the amount of KRW 60 million to the non-party company.

On August 9, 2013, the Plaintiff filed an application with the non-party company for a payment order of the refund of the membership fee with the Court No. 2013 tea10531, the Plaintiff filed an application with the non-party company for a payment order of the refund of the membership fee. On August 9, 2013, the court issued an order for payment (hereinafter “instant payment order”) stating that “the non-party company shall pay to the Plaintiff 60 million won and 5% interest per annum from May 28, 2013 to the date of delivery of the instant payment order, and 20% interest per annum from the next day to the date of full payment (hereinafter “instant payment order”). The above payment order was finalized on August 31, 2013.

B. On November 26, 2009, the Saemaul Movement Federation, an incorporated association, (hereinafter “the Saemaul Movement Federation”), determined the lease deposit amount of KRW 1 billion, annual rent of KRW 1.43 billion (excluding value-added tax), and the lease term of KRW 1.43 billion (hereinafter “instant lease contract”), and the lease term of KRW 188,849,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000).

- Does - Article 5 (Contribution, etc.) ① When the contract has been terminated due to the expiration of this contract term or the circumstances of the non-party company, the non-party company will contribute buildings and all other facilities established by the non-party company to the Saemaul Movement Federation without any condition (free transfer) on the leased object of this contract.

③ At the time of donation (free transfer) under paragraph (1) above, the non-party company will extinguish all obligations arising from golf memberships issued, such as the refund of membership deposits to existing golf course members.

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