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1. The Defendant’s KRW 280,000,000 as well as 6% per annum from August 6, 2016 to October 19, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant operates a mutual golf course (hereinafter “instant golf course”) with the term “Gangnam 300 golf clubs,” which is a sports facility under the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”), for the purpose of golf club business and its ancillary facilities business.
B. Around July 2007, the Plaintiff acquired the membership of the instant golf course of KRW 100 million (number E53-12-014) from the Defendant on July 31, 2007, and acquired the qualification for the said membership upon obtaining approval from the Defendant on July 31, 2007. Around February 26, 2016, the term of validity of the membership was until July 26, 2016, and KRW 180 million (number E53-12-0242, hereinafter referred to as “each of the above membership”) of the instant golf course upon obtaining approval from the Defendant on February 5, 2016.
C. On June 20, 2016, the Plaintiff returned the original copy of each of the instant membership certificates to the Defendant, and requested that the Plaintiff return the total amount of KRW 280 million as the scheduled expiration date of membership under the instant membership rights is the expected expiration date.
[Ground for recognition] Unsatisfy
2. Determination
A. Article 18 of the Sports Facilities Act provides that "a sports facility business operator who has recruited a member pursuant to Article 17 (1) or a person who has obtained approval of a business plan shall observe matters prescribed by Presidential Decree for the protection of the rights and interests of members in the transfer and acquisition of membership, refund of membership fees, confirmation and issuance of membership cards, organization and work of a representative body of members, etc." In addition, Article 19 (3) of the Enforcement Decree of the Sports Facilities Act provides that "a refund of membership fees to a member whose term of existence of membership expires (hereinafter referred to as "annual member")" shall be made within ten days from the date the annual member requested the return of membership fees upon expiration