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(영문) 서울중앙지방법원 2016.03.17 2015가합513102
입회금 반환청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) A corporate E (hereinafter referred to as “E”) is an incorporated association, Inc. D’s golf practice range operations.

D Co., Ltd. (hereinafter “D”) on August 12, 2004

2) On the part of the E-owned land: F 10,849m2, G 23,708m2 and H 2,126m2 (hereinafter “instant land”)

(2) On March 8, 2005, D entered into a loan agreement on State property of the aggregate of 1,793 square meters of land, other than 1,793 square meters (hereinafter “instant State property”) adjacent to the instant land with the Sungnam-si mayor, Sungnam-si, Sungnam-si, and then constructed a building on the instant land and State property of the fourth floor size (hereinafter “instant building”). On November 2005, D filed a report on sports facility business with the head of Sungnam-si, Sungnam-si (hereinafter “the head of the branch office”). On December 2005, D completed the registration of preservation of ownership on the instant building.

3) Since the time of the above report, D’s combination with the instant building and all facilities attached thereto (hereinafter “instant golf practice range”).

4) On November 26, 2009, “J” operated a golf range with the trade name of “J”, and “J” did not submit to the head of the branch office of the branch office of the instant golf range a plan for the recruitment of members of the instant golf range. E terminated the said lease agreement and thereafter, “D” used the instant land as a deposit of KRW 1 billion and KRW 1.43 billion per annum (in addition, by raising 3% per annum, payment at the end of each month in 12 installments), and the period fixed on May 18, 2017.

(hereinafter “instant lease”). Of the terms and conditions of the instant lease agreement, the parts related to the instant case are as follows.

Article 5 (Acceptance of Donation, etc.) (1) Where the contract is terminated due to the expiration of the contract period or due to the circumstances of D, D shall contribute buildings and all other facilities installed D on the leased object of this contract to E without any condition.

3. D when a donation under paragraph (1) above is transferred free of charge.

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