1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Basic facts

A. The Defendant is a company that operates the instant golf club located in Chungcheongnam-si (hereinafter “instant golf club”).

B. On April 26, 2006, the Plaintiff concluded a membership agreement with the Defendant and joined the instant golf club as a regular member (in the amount of KRW 90 million and KRW 120 million), and around that time, paid the Defendant a total of KRW 210 million.

C. On April 23, 2013, the Plaintiff requested the Defendant to set aside all the above two units, and on September 30, 2014, the Plaintiff paid KRW 90 million as the return of the membership fee to the Plaintiff.

The provisions on retirement and return of membership fees among the terms and conditions of the golf club of this case are as follows.

[However, in the case of the part of Article 14 (3), there is a dispute between the plaintiff and the defendant as to the existence of such part, and the defendant (hereinafter referred to as "the dispute provisions of this case"). Article 9 (Entry Money)

2. To refund only the principal of the membership fee at the time of request for withdrawal and expulsion of a member;

Provided, That the return may be suspended for a certain period of time according to the resolution of the board of directors in the event of force majeure, such as natural disasters.

Article 14 (Withdrawal)

1. If a member wishes to retire, he shall submit a prescribed application and obtain the approval of the company;

2. A member may require the withdrawal from the company after the lapse of five years from the date of its entry, subject to prior consultation with the company, and shall automatically extend the withdrawal from the company without such request.

3. A company shall, except in special circumstances, approve the demand of members to withdraw from the company and return the membership fee.

(Provided, That if payment is not possible due to natural disasters or company circumstances, it may be extended for a certain period of time according to a resolution of the board of directors.

Meanwhile, Article 19 subparag. 3 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act provides that "if a member demands the return of a membership fee after the expiration of the term of existence of membership, it shall be returned within 10 days from the date of the request."

[Ground of recognition] There is no dispute.