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(영문) 수원지방법원성남지원 2016.01.15 2014가합206729
입회보증금 반환 청구
Text

1. All of the plaintiffs' claims against the primary defendant and the conjunctive defendant are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Defendant H is a Co., Ltd. (hereinafter “J”) on August 12, 2004.

2) On the part of the company, the company’s company’s company’s company’s company’s company’s company’s company’s company’s company’s company’s company’s company company’s company company’s company company’s company company’s company company’s company company’s company company’s company company’s company

(2) On March 8, 2005, J entered into a loan agreement on the State-owned property on the aggregate of 1,793 square meters of the New Land in the area of Seongbuk-gu, Sungnam-si, the neighboring land (hereinafter “instant State-owned property”). On the instant land and state-owned property, the building on the fourth floor size of a golf driving range (hereinafter “instant building”) was newly constructed on the instant land and state-owned property. On November 2005, J filed a report on the sports facility business with the head of Sung-nam-si, the branch office (hereinafter “the head of the branch office”) around November 2005, and completed the registration of the preservation of ownership on the instant building on December 2005.

3) From the time of the above report, J along with the instant building and all facilities attached thereto (hereinafter the instant building, the “instant golf practice range”).

(4) On November 26, 2009, Defendant H terminated the above lease agreement and entered into a lease agreement (hereinafter “instant lease agreement”) with J and the instant land amounting to KRW 1 billion, annual rent of KRW 1.43 billion (in addition, KRW 3% per year and payment at the end of every month in 12 installments), and up to May 18, 2017, with the term of “J” (hereinafter “instant lease agreement”). The relevant part relating to the instant case is as follows.

Article 5 (Acceptance of Donation, etc.) (1) When the contract is terminated due to the expiration of the contract term or due to the circumstances of the J, the J shall contribute buildings and all other facilities installed by it on the leased object of this contract to Defendant H without any condition.

③ At the time of donation under paragraph (1) above, J shall follow all golf memberships issued, such as the refund of membership deposits to existing golf course members.

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