(영문) 창원지방법원 2018.01.18 2017가합51627

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(영문) 창원지방법원 2018.01.18 2017가합51627

회원제명 무효확인 등

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1. Plaintiff B’s instant lawsuit and Plaintiff C’s claim for restitution of unjust enrichment in the instant lawsuit.

Reasons

1. Facts of premise;

A. The Defendant is a legal entity that operates an Iconium (hereinafter “the instant golf club”) in the H Group H, both of which are the golf club in South and North Korea, and the Plaintiffs are those who have acquired membership rights of the instant golf club.

B. The Defendant commenced the instant golf course business in around 2010 and recruited its members for a five-year term of contract, and the notice of invitation of members included the following matters with the special characteristics of its members:

The provisions pertaining to the terms and conditions of the instant golf course (hereinafter “instant terms and conditions”) are as shown in attached Form 4.

3. A regular member: (1) A full-time member: (i) A heavy-time member; (ii) the exemption from the green volume at the end of the week; (iii) the application of the special membership fee for the use of a golfel: (iv) the reduction rate of 50% of the green volume 50% per quarter (in quarterly) a single team of the members; and (v) the return and re-extension of the green volume after five years); (ii) the granting of a parting right for the week (ii) the exemption from the green volume; (iv) the designation of a full-time member at the time of entry ① Associate member at the time of entry (at the time of being accompanied by three non-members) a single member.

C. The Plaintiffs entered into a membership agreement with the Defendant each of the instant golf courses after the receipt of the above notice around 2010, and did not make a claim for the return of the membership fee against the Defendant even after the lapse of five years from the first contract period in around 2015, and the said agreement was automatically renewed in accordance with the membership agreement of the instant golf course.

The instant golf course consists of 18 holes and 18 holes in the general public. The Defendant, including the Plaintiffs, received KRW 22,620, which is equivalent to the tax imposed on the use of the golf course in the event that the said members, including the Plaintiffs, use the said golf course, and did not receive the golf course usage fee (hereinafter “the relevant golf course”).

E. From June 1, 2016, the Defendant opened an operating committee on April 29, 2016 to determine the imposition of green volume as follows.

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