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(영문) 대법원 2018.08.30 2016다225285

보증금반환

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All appeals are dismissed.

The costs of appeal are assessed against the plaintiff (appointed party).

Reasons

A. The Plaintiff acquired all facilities, equipment, fixtures, etc., and completed a report on modification of the sports facility business that changed the representative of the instant sports club from G to G around April 2007; ② G leased the instant real estate to O around November 2010; the Plaintiff completed a report on modification of the sports facility business that changed the representative of the instant sports club from G to O on February 24, 2012; ③ thereafter, the instant sports club was operated after the completion of the report on modification of the sports facility business that changed the representative of the instant corporeal movables from G to G; ③ the instant corporeal movables from March 2012, 201 to G was excluded from the auction procedure of the said auction procedure; ④ Q is a debtor on August 24, 2012 to use the instant corporeal movables as a separate mechanical equipment for the instant real estate, equipment, equipment, equipment, equipment, and equipment, etc., to which the Defendant purchased the instant corporeal movables to G, and to which Q is affiliated with G 1 UD 14 pup et al.

Then, the lower court determined that the Defendants acquired the ownership of the instant real estate through the instant voluntary auction procedure, and agreed to acquire some facilities attached to the instant real estate, including swimming tanks, among essential facilities according to the facility standards for the sports facility business, which were not easy to separate or move. However, Q acquired the instant corporeal movables, and thereby the Defendants did not take over the “necessary equipment such as water purification equipment and pipes” related to the swimming pool business among the essential facilities, “other facilities necessary for practice” related to the golf practice range business, and “a kidgs, bridges, etc.” related to the physical training range business.