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(영문) 수원지방법원성남지원 2015.08.27 2014가합6646
입회금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a legal entity that operates the "F," a deposit membership golf course in Gwangju City, E, and the plaintiffs are those who have acquired membership in the golf course in this case, and the plaintiffs are the regular members, the plaintiffs Gap are the preferential members, the general members, and the plaintiff Eul are the general members.

B. The Defendant’s establishment background, etc. 1) G Co., Ltd. (hereinafter “G”).

A) On September 28, 1989, the Governor of the Gyeonggi-do established a golf course facility of 18 holes in size with the approval of the project plan for the construction of a golf course of 18 holes from the Governor of the Gyeonggi-do. On December 24, 1994, the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”).

2) According to the reasoning of the judgment below, among the members of G, 564 won per capita Co., Ltd. (hereinafter “I”) contributed 58 million won to purchase the instant golf course site, etc., and 564 members of G established I Co., Ltd. (hereinafter “I”) with the title of “H,” and recruited its members and started the instant golf course business on or around November 1997. 2) After G’s failure to pay for all the instant golf course sites, G began the auction procedure on the site of 18 holes and the building of the club, etc. (hereinafter “instant golf course site, etc.”) among the entire site of the instant golf course, 197. Since G purchased the instant golf course site, etc. from August 13, 201 to complete the registration of ownership transfer under the name of “I” from around 208, 200 and completed the registration of ownership transfer under the name of “I” from around 204, 200.

3) Meanwhile, J & K Co., Ltd. (hereinafter “J et al.”)

A. On October 21, 2003, G acquires all the rights arising from the registration of the instant golf club business from G and acquires ownership of the instant site nine holes among the instant golf club business.

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