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(영문) 서울고등법원 2013.09.11 2012나27935
명의개설절차 이행 등
Text

1. The defendant shall enter the list of golf membership in the annexed sheet from the plaintiffs upon a claim for change in exchange from the party.

Reasons

1. Under the premise, this part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance (from the second to the third to the 13th, the second to the 14th, with the exception that the “acquisition of Plaintiff’s membership” to the “acquisition of M or N’s membership” to the “founded grounds for recognition” to the “acquisition of membership” to the “acquisition of M or N’s membership” to the “founded grounds for recognition” to the 12th, which shall be the same.

It shall be quoted pursuant to Article 420 of the Civil Procedure Act.

2. Part of the claim for refund of membership fee

A. (1) Determination on the cause of the claim (1) M/N was designated as a member of each golf club of this case by Samdo Co., Ltd. with the claim for construction cost in D.

M and N paid membership fees in a way that would substitute the payment of membership fees to the claim for construction price held by Samdo at the time of the agreement between D and Samdo Co., Ltd. around June 24, 1998 (at the time, each of the membership fees in this case was assessed as KRW 70 million and settled as of July 2, 1998). The membership fees in this case were received from D on July 2, 1998 and acquired each of the membership rights in this case.

D The golf club-related provisions of the rules of each golf club of this case are as follows:

Article 11 (Entry Fees)

1. Membership fees shall be paid as membership deposits without interest for five years in the company, and at the time of retirement, only the principal of the membership shall be refunded;

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.

Article 17 (Desertion)

1. In order to escape, a request for withdrawal and membership cards shall be submitted to the company for approval, and the company may not approve any voluntary withdrawal for any reason, within five years after the admission; and

2. To refund only the principal of the admission fee in cases of withdrawal.

The provisions relating to the withdrawals among the golf club rules of this case prepared by the defendant are as follows.

Article 10 (Entry Fees)

1. Membership fees shall be the company as a membership bond;

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