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(영문) 서울북부지방법원 2015.09.10 2015가합667
입회금
Text

1. The Defendants are jointly and severally and severally liable to Plaintiff A for KRW 62,00,000 and its amount from August 12, 2013 to Plaintiff B, and KRW 70,000,000.

Reasons

1. Basic facts

A. 1) On March 7, 2006, Plaintiff A operated by Dongcheon-si Co., Ltd. on March 7, 2006 (hereinafter “instant golf course”) 58-1 Hancheon-gu, Young-gu, Yan-do.

(2) On March 7, 2006, Plaintiff A made an application for change of membership to a family member upon paying KRW 20,000,000 to Dong-dong Co., Ltd. the amount of KRW 42,00,000 paid by C to Dong-dong Co., Ltd. as well as KRW 20,000,00, and on April 5, 2006, Plaintiff A made an application for change of membership to be recognized as a family member.

B. On October 23, 2009, Plaintiff B purchased membership (member number G) of the instant golf course from F.

The above membership is transferred in sequence to H on August 10, 2007 by H to F on March 14, 2008, and the membership fee paid by H to East Co., Ltd. is KRW 70,000,000.

C. Dong-dong Co., Ltd. completed the registration of change of sports facility business for the instant golf course on May 23, 2007. According to the rules applicable to the instant golf course members, Dong-dong Co., Ltd., Ltd., the principal of the instant golf course shall be returned in the event a member’s claim for refund is filed more than five years after the registration of the instant golf course.

around September 201, the Defendants acquired the instant golf course business from Dong-dong Co., Ltd.

E. On August 11, 2013, and October 22, 2014, Plaintiff A returned the membership cards to each of the Defendants, and applied for the withdrawal and return of membership fees. Plaintiff A’s written application was received on August 11, 2013, and Plaintiff B’s written application was received from each of the Defendants on November 17, 2014.

[Ground of recognition] In the absence of dispute, entry of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, 4, 5, and 6 (including each number for additional evidence), the result of the order issued by this court to submit tax information on the viewing of Macheon, the whole purport of the pleadings

2. According to the above facts found, the defendants jointly and severally applied for the return of the above amount of KRW 62,00,000 and the above amount of the membership fee to the plaintiff A.

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