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(영문) 수원지법 1989. 2. 16. 선고 88가합13994 제6민사부판결 : 확정
[회원권명의개서등][하집1989(1),320]
Main Issues

A. Whether a transferee of a golf course has a benefit to seek confirmation against the transferor as a member of the golf course

(b) Whether the transferee of the golf course membership can compel the company that operates the golf course to implement the procedure for direct change of name

Summary of Judgment

A. A person who has lawfully transferred a golf club membership and acquired the status of a member by succession has a benefit to seek confirmation of the status of a golf club member on the premise that he/she seeks implementation of the procedure for changing the name of a member.

B. A transferee of a golf club membership may seek implementation of the procedure for the change of the name of a member against a company operating a golf club in order to exercise preferential rights to use the golf club facilities and effectively resolve disputes arising from the transfer of membership.

[Reference Provisions]

Article 228 of the Civil Procedure Act

Plaintiff

Red divers

Defendant

Hansung Tourism Development Co., Ltd and one other

Text

1. On August 11, 1988, Defendant Hansung Tourism Development Co., Ltd. implements the procedure for changing the name of the Plaintiff to the name of the Plaintiff by reason of the transfer of membership on the list of members of Hansung Gidong Clubs.

2. It is confirmed that the Plaintiff is a member of the Hansung Club between the Plaintiff and Defendant Park Jong-chul.

3. The costs of lawsuit shall be borne by the defendants.

Purport of claim

The main decision is to seek the same judgment as the order, and as to the defendant Park Jong-chul, the defendant Park Jong-chul should not interfere with the change of entry into the name of membership upon the plaintiff's application.

Reasons

In light of the above facts, Gap's certificate No. 3 (Certificate No. 5), Eul's certificate No. 6 (Rules), Gap's certificate No. 1 (transfer approval), Eul's certificate No. 2, and Eul's certificate No. 5 (registration No. 1), and the above fact that the plaintiff's transfer of the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use.

Therefore, on August 11, 198, the plaintiff succeeded to the status of the member after lawful transfer of membership of the Hansung Club from the defendant Park Jong-chul on the ground of the plaintiff's transfer on August 11, 198. Since the defendant disputes the validity of the plaintiff's membership acquisition, the plaintiff has a benefit to seek confirmation of the status of the member in relation to the defendant Hansung Tourism Development as a premise to seek the implementation of the procedure for the change of the membership name. Meanwhile, in order to exercise the above golf club's preferential right to use the above golf club facilities and to effectively resolve the dispute arising from the transfer of membership, the plaintiff has a benefit to seek the implementation of the procedure for the change of membership name against the defendant Hansung Tourism Development Co., Ltd. as a member in the Hansung Tourist Tourism Development Co., Ltd.'s membership list. Therefore, the plaintiff's claim for the change of name to the plaintiff on the ground of transfer on August 11, 198 and the plaintiff's claim for confirmation of the status of the member of the above can be accepted and assessed against the defendants.

Judges Nohman (Presiding Judge)

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