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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.03.10 2014나2031330
입회금 반환
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Defendant’s establishment and operation of the golf course is a juristic person established for the purpose of the operation of the golf course. At present, the Defendant is a juristic person established for the purpose of the operation of the golf course, and at the time of Gwangju City, the “Bluter-cont club” (hereinafter “instant golf course”).

2) On September 28, 1989, the Gyeonggi-do Governor approved the business plan to build the instant golf course with a scale of 18 holes in size, which is located in the scale of 18 holes, from the Gyeonggi-do Governor, to build the instant golf course on September 28, 1989. The Gyeonggi-do Governor obtained registration of sports facility business from the Gyeonggi-do Governor under the condition that the said golf course is annexed to a public golf course having nine holess.

3) However, on or around November 1997, tourism on board buildings including 18 holess and downage clubs among the entire golf courses of this case (hereinafter “the instant golf course site for 18 holess, etc.”).

4) Of the members on board tourism, 564 out of the members on board contributed to KRW 58 million per capita (a loan of KRW 1 million and KRW 57 million per capita) and set up Ora Tourism Development Co., Ltd. (hereinafter referred to as “Maol Tourism”). On August 2001, Oraol Tourism purchased the instant golf course site, etc. at the above auction procedure and completed the registration of ownership transfer, and completed the instant golf course from April 2002.

On the other hand, Lao Tourism: (a) only a person who has paid KRW 58,00,00 to Lao Tourism among the members of the existing sports club (hereinafter “shareholders”) recognized the status of a shareholder and a member; (b) operated it as a golf course with a shareholder and a member; and (c) did not treat a person who did not pay KRW 58,00,000 as a member (hereinafter “shareholders”) as a member.

5) On the other hand, on October 21, 2003, tourism companies on the other hand are Shee and Shee Amateur Co., Ltd. (hereinafter referred to as “Shee”).

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