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Reasons
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(영문) 서울중앙지방법원 2014.12.03 2014가합526330
차입금(입회금)반환
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1. The defendant shall pay 190,000,000 won to the plaintiff and 20% per annum from November 19, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant, as the party, operates the deposit membership golf course (hereinafter “instant golf course”) under the name of “bludrative golf club” in the first place in the 156-1 Si-Gu, Gwangju City. The Plaintiff is a general member with preferential treatment of the said golf course.

B. Defendant’s establishment and operation circumstances of the instant golf course

() On September 28, 1989, the Governor of the Gyeonggi-do established golf facilities of 18 holes, including golf courses, after obtaining approval from the Governor of the Gyeonggi-do to build a membership golf course of 156-1 in the 156-1 unit in Gwangju-si, Gwangju-si, and installing the golf course facilities of 18 holes in size, including the golf course, on December 24, 1994 (hereinafter “Sports Facilities Act”).

(2) On November 197, 1997, the auction procedure on the land, including the site of the instant golf course, and the building site of the golf course (hereinafter “instant golf course site, etc.”) was commenced, following the registration of the sports facility business and the recruitment of its members.

3) Of the members on board, 564 persons, among the members on board, invested 58 million won per head for the purpose of purchasing the instant golf course site, etc. at the above auction procedure, and made an investment of 58 million won per head for the purpose of purchasing the instant golf course site, etc.,

(2) On October 21, 2003, the Ministry of Culture, Sports and Tourism: (a) purchased the instant golf course site, etc. on April 16, 2001 and completed the registration of ownership transfer in its name; (b) received the instant golf course site, etc. from a tourism on board around March 25, 2002; and (c) around April 2002, registered its business and actually engaged in the instant golf course business under the name of the sports conference. (d) Tourist on board on October 21, 2003.

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