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(영문) 서울남부지방법원 2016.01.15 2015가단230147
입회금반환 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 70,000,000 won and each year from September 15, 2015 to the 30th of the same month.

Reasons

1. The following facts do not conflict between the Parties:

On September 28, 2005, the Plaintiff paid KRW 70,000,00 as an admission fee to the instant golf course (hereinafter “instant golf course”) that was created by Dong-do Co., Ltd., Ltd. (hereinafter “Dong-do”) in the 558-1 Japan-ri, Young-si, Youngcheon-si, Youngcheon-si, and became a regular member of the instant golf course.

B. On May 23, 2007, Dong-dong entered into a membership-based golf club business pursuant to the Installation and Utilization of Sports Facilities Act with the jurisdiction of Seocheon City Mayor on May 23, 2007, and the Plaintiff’s membership purchased pursuant to the provisions of Dong-dong may claim the return of the membership fee upon the lapse of five years from the date on which the above registration was completed.

C. The Defendants sold the instant golf course site around September 201 and acquired the golf course business from the same rain, and subsequently registered the change of the sports facility business on the ground of the change of the owner of the instant golf course around December 28 of the same year.

The Plaintiff, as a delivery of a duplicate of the instant complaint, declared the Defendants to withdraw from the golf course member, and sought the return of the membership fee.

2. According to the above facts, the defendants jointly and severally delivered a copy of the complaint of this case to the defendants, as requested by the plaintiff, as to the plaintiff's membership fee of KRW 70,000,000, and the following day.

9. From 15. to 30. per annum, 20% per annum and from the following day to the full payment date, 15% per annum shall be liable to pay damages for delay.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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