(영문) 서울고등법원 2015.04.01 2014나2028501

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(영문) 서울고등법원 2015.04.01 2014나2028501

입회금반환 청구의 소

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 14, 2004, the Plaintiff was present as a non-resident recreational condominium member operated by the Defendant (hereinafter “instant membership agreement”) (hereinafter “instant membership agreement”) as a membership fee of KRW 111,74,000 with respect to the 17.3-type 8-type 5-type 103-type 103-type 5-type 215,049,000 (=11,74,000), with respect to the 17.3-type 8-type 17.3-type 8-type 103-type 103-type 19-type 19-type 26.19-type 103-type 11,74,000 won (=103,305,000).

B. The parts pertaining to the period of membership and the return of the Plaintiff and the Defendant’s condominium membership agreement are as follows:

(A) “A” and “B” refer to the Plaintiff, and “A”, Article 4 (Acquisition and Retention Period of Membership) (1) “A” acquire membership from the date of full payment of the membership fees prescribed in Article 2.

(2) The period of membership of "A" shall be 20 years from the date of acquisition of qualification for members under paragraph (1).

Provided, That the expiration date of the membership period of a person who has succeeded to membership shall be the expiration date of the first subscriber.

Article 5 (Return of Membership Fees) (1) In principle, “A” shall not claim the return of the membership fees to “B” before the expiration date of the membership period.

When there is a request for return of “A” after the expiration of the above period, “B” shall return the membership fee within ten days from the date of the request, and at the same time, “A” shall lose the membership fee.

Provided, That where an inevitable situation, such as a natural disaster, occurs, the return of the membership fee may be postponed through consultation between "A" and "B".

(2) In any of the following cases even before the expiration date of the membership period, where a person requests the return of the membership fee, along with evidential data, he/she shall treat the same as the return of the membership fee after the expiration of the period:

3. If there exists any other serious cause making it difficult to continue the membership contract.

C. The plaintiff and the defendant of this case.

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