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(영문) 서울중앙지방법원 2015.01.21 2014가합35117
입회금반환
Text

1. The plaintiff's primary and conjunctive claims are dismissed.

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

Reasons

The summary of the case is that the Plaintiff, holding the golf course membership of C Co., Ltd. (hereinafter “Co., Ltd.”), which is a golf course operating company, purchased the site, building, and structure of the golf course from C, and subsequently leased it to C, the Plaintiff sought the return of the membership fee on the ground that the golf course transaction constitutes “transfer of business after sale” under Article 27(1) of the Installation and Utilization of Sports Facilities Act (hereinafter “ Sports Facilities Act”), and the Defendant succeeded to the Plaintiff’s obligations against the Plaintiff on the ground that the golf course transaction constitutes a “transfer of business after sale” under Article 27(1) of the Installation and Utilization of Sports Facilities Act, and that the Plaintiff sought compensation for damages equivalent to the membership fee on the ground that the golf course transaction constitutes a “transfer of business after sale”, and that the Defendant actively participated in the tort.

On December 18, 2003, C entered into a real estate sales contract with the Defendant for sale of the F golf course site, buildings, G sports site 156,387С, and 122 lots and above-ground buildings, structures, etc. on the premise that the Defendant and the Defendant agreed to determine the purchase price at the appraisal price determined by a certified appraisal institution designated by mutual agreement between both parties, and set the provisional amount at KRW 11.5 billion.

After all, on March 5, 2004, a sales contract was prepared to determine that the purchase price was KRW 155.3 billion (=the KRW 6.7 billion building of KRW 144.5 billion) on March 5, 2004 as the result of appraisal by an appraisal agency.

The defendant completed the registration of transfer of ownership by sale on F real estate.

On March 5, 2004, the Defendant entered into a lease agreement with C to lease F real estate, which is the subject matter of the above sale, with the lease deposit of KRW 9.3 billion, monthly rent of KRW 936 billion, and the lease term of KRW 5.36 billion from March 5, 2004 to March 4, 2024.

. the object of the lease;

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