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(영문) 서울고등법원 2013.11.08 2012나70113
입회보증금반환
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The Plaintiff, on November 1, 2002, changed the name of the Defendant (i.e., the “stock company’s mutual development” to the “UBT”) and (ii) the “UBBT” on May 6, 2011, and (iii) the “UBT” on September 5, 2011.

(ii)A non-exclusive golf club operated by it (hereinafter referred to as “instant golf club”);

2) The Plaintiff’s golf club membership (hereinafter “instant membership”) is a member who entered into a membership agreement on August 29, 1997 and paid only KRW 124,99,000 out of the subscription amount of KRW 125,000,000 on or around August 10, 202, D is a member who succeeded to the above contractual status from C and paid the remainder of KRW 1,000.

On July 20, 2006, the Plaintiff purchased the instant membership from D in KRW 94,00,000,000, and applied for membership to the Defendant, and the Defendant approved it, upon completing a transfer of entry in the register of members under the Plaintiff’s name, issued a membership certificate to the Plaintiff on August 4, 2006.

3) From April 2009, the Plaintiff demanded the Defendant to return a return of return and membership fee to the Defendant via E, an employee belonging to the Defendant, and sent e-mail containing the intent to return the withdrawal and membership fee to the Defendant since August 12, 2009. However, around August 20, 2009, the Defendant sent the Plaintiff’s reply to the effect that “before July 20, 201, the Plaintiff continued to use the instant membership, which is five years from the date of the acquisition of the company’s succession to membership,” and the said reply reached the Plaintiff around that time. Article 4 (Members of the club)

1. An honorary member;

2. Regular members (individual and juristic person);

3. Additional members;

4. Associate members;

5.The other regular members of the company provided for in Article 6 (Regular Members) shall be personal and legal and corporate members, with the approval of the company concerned.

Article 10 (Application for Membership) The regular members of these clubs.

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