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(영문) 춘천지방법원 2017.07.18 2016구합51793
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered into a management-based land trust agreement with a management-based land trust agreement, and operates a golf club-based golf club “gymar-flady Lone Star” (hereinafter “instant golf course”) in the single forest stand in Gangseo-gun Hongcheon-gun, Hongcheon-gun.

Article 5 (Categories and Qualifications of Members)

3. The duration of membership shall be five years from the time of acquisition of the qualification for member; and

Provided, That when five years have elapsed, if there is no explicit request for withdrawal from the member, the term of existence shall be automatically extended, and if there is a request for withdrawal from the member during the extended term, the session shall be terminated immediately.

Article 12 (Entry Fees)

1. A membership fee shall be paid to the company as a membership bond of a regular member at the time of his/her membership, and the company shall refund it at the time of withdrawal;

2. The Company shall refund the membership fee within one month from the date of request for return.

3. Where a natural disaster or an incident of force majeure has occurred, the company may postpone the return of the amount of membership.

However, the company shall refund the membership fee within one month after the termination of the above reasons.

Article 14 (Desertion)

1. A member may withdraw when five years have elapsed from the date of his admission.

2.The member shall notify the withdrawal in writing not later than one month before the withdrawal and shall take effect at the time one month has elapsed from the date of arrival of the notification.

B. A paid KRW 150 million as admission fees, and paid KRW 150 million as regular members of the instant golf course on June 16, 2011. Of the terms and conditions of use of the instant golf course, the part on the payment and return of the admission fees is as follows.

C. A filed a civil petition with the Defendant on September 2, 2016, on the ground that the term of membership (five years) expires on June 9, 2016, requesting the Plaintiff in writing to return the meeting and membership fees, but did not receive a refund of the membership fees.

On September 9, 2016, the Defendant issued a corrective order to the Plaintiff to refund the membership fee to A by October 14, 2016, and then did not refund the membership fee.

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