1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 23, 1999, the Defendant is a company established for the purpose of facility business for tourist use (golf course), etc., and operates a golf club (hereinafter “instant golf club”), which is located in the 47-5 Dolsan City, Seo-gu, Seo-gu, Seoul Special Metropolitan City (hereinafter “instant golf club”).

B. On September 27, 2005, the Plaintiff entered into the instant golf club membership agreement with the Defendant, and paid KRW 180,000,000 to the Defendant as a membership fee, and the Defendant issued a membership card (member number: B) to the Plaintiff.

C. Of the instant golf club rules (hereinafter “instant rules”), the part pertaining to the instant case is as follows.

Article 9 (Attendance at Membership) The membership of this club shall be acquired after obtaining the approval of the company in accordance with the prescribed membership procedure and obtaining membership cards by obtaining the issuance of membership cards.

Article 10 (Entry Fees)

1. Membership fees shall be refunded only when a company receives a membership deposit and receives it for five years, and where a member requests withdrawal thereafter, the principal shall be refunded following the prescribed procedures;

Article 16 (Desertion)

1. A member may withdraw from the membership after the lapse of five years from the date of issuance of the membership;

2. In order to escape, an application for withdrawal and membership cards shall be submitted to the company for approval by the company.

Article 20 (Duties of Members)

4. A member shall not lend his/her qualification or name to another person, and in cases where he/she intends to use his/her golf course and its incidental facilities, he/she shall protect his/her facilities to the maximum extent and carry out the membership card;

On September 27, 2010, when five years from September 27, 2005, the Plaintiff requested the Defendant to return the above membership fee, but failed to receive the said membership fee from the Defendant. On February 24, 2011, the Plaintiff sent a content-certified mail demanding the Plaintiff to return the said membership fee by March 10, 201 through an attorney-at-law. The Defendant returned the said membership fee to the Plaintiff on April 14, 201.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, and Eul evidence 1.