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(영문) 수원지방법원 2014.12.18 2014가합66294
입회금반환
Text

1. The defendant shall pay 138,00,000 won to the plaintiff and 20% per annum from July 9, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant is a company operating a golf course of the “rash-shampage club” (hereinafter “instant golf course”) located in 454-3 in the south of the wife population in Chungcheongnam-si. The Plaintiff is a member of the instant golf course.

B. On May 27, 1996, B paid KRW 138 million to the Defendant, and acquired membership rights (member numbers: C) of the instant golf course. Accordingly, the Defendant issued to B a deposit certificate of KRW 138 million. D paid KRW 138 million to B on July 27, 1998, and purchased the instant membership rights. The Defendant approved D’s transfer application on July 27, 1998, issued the same number as B’s membership rights, and issued the certificate of KRW 138 million to D on August 10, 1998, and issued the certificate of KRW 138 million to D on June 19, 2012, and paid KRW 200,000 to D on June 19, 2012, the Plaintiff concluded the instant sales contract and paid KRW 160,000,000.

On July 23, 2012, the Defendant issued the Plaintiff membership of the same number as D’s membership.

Article 6 (1) A person who intends to become a member of a club shall submit the prescribed application form to the company and pay the membership fee.

Article 7 (1) Membership fees shall be refunded only with the deliberation of the Steering Committee and the approval of the board of directors when a member requests a withdrawal from the company as a membership deposit for five years.

In addition, when expelled from a member, only the principal shall be refunded.

Provided, That where a natural disaster, such as a natural disaster, occurs, the return may be suspended for a certain period of time according to the resolution of the board of directors.

(2) A member for whom five years have passed after depositing a membership fee shall submit a prescribed application at the time of withdrawal and shall, in principle, be automatically extended if no request for withdrawal is made at a time of withdrawal.

Article 9 (Transfer of Membership) (1) The company shall be qualified for regular members.

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