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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
With respect to this case, this court's use is identical to the reasoning of the judgment of the court of first instance, except for the dismissal of each corresponding part as follows. Thus, this court's use is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 8 through 10 of the judgment of the first instance shall be as follows.
“1. The Plaintiff’s cause of the Plaintiff’s claim is primarily seeking refund of KRW 125,00,000 and delayed payment for the amount of the Plaintiff’s membership fee, premised on the Plaintiff’s acquisition of the Plaintiff’s membership right to the non-resident’s operation. Meanwhile, in preparation for the case where the Plaintiff’s acquisition of membership right is deemed null and void or forfeited, the Plaintiff believed the validity of the Plaintiff’s tort, which recognized the transfer of forfeited membership right, as if it were a valid membership right, and sought compensation for damages equivalent to the above purchase price and damages for its delay, on the ground that the Plaintiff paid KRW 125,00,000,00 for the purchase price. hereinafter “C” in Section 15 of the first instance judgment, the Plaintiff’s primary claim is determined first on the legitimacy of the Plaintiff’s primary claim.
Part 3 of the judgment of the first instance court is "3. The main issue of the claim is".
From 3rd to 4th to 9th to 3th to 3th to 4th to 5th to 4th to 5th to 5th to 1
“1) Both parties, the first acquisitor of the instant membership rights, are entitled to receive membership fees in lieu of the payment of the contract price claims, as if there were false claims for the construction work price against the Defendant. Thus, both parties and the Defendant’s membership agreements constitute an act contrary to social order (violation of Article 103 of the Civil Act) or an act contrary to the former Company Reorganization Act, which is a mandatory law, and thus, are null and void.
Therefore, this is null and void.