입회금반환청구의 소
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
1. As to the grounds of appeal against Defendant AT
Article 27(1) of the Installation and Utilization of Sports Facilities Act (hereinafter referred to as “sports facilities Act”) provides that a person who acquires essential facilities (hereinafter referred to as “essential sports facilities”) according to the standards for facilities of sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism shall succeed to the rights and obligations arising from the registration or report of sports facility business in addition to inheritance and merger. Paragraph (2) of the same Article shall apply mutatis mutandis to a person who acquires essential facilities (hereinafter referred to as “essential
In addition, sports facility business entities shall install, maintain and manage facilities meeting the facility standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism depending on the type of sports facility business (Article 11(1) of the Sports Facilities Act), and the facility standards for each type of sports facility business are prescribed in attached Table 4 of Article 8 of the Enforcement Rule of the Installation and Utilization of Sports Facilities Act (hereinafter “Enforcement
In attached Table 4, regardless of the kinds of sports facility business, the standards for facilities shall be determined by dividing the essential sports facilities to be commonly equipped into convenience facilities, safety facilities, and management facilities according to the purpose of use (1.A.), and for skiing ground business, the standards for facilities shall be determined by dividing the essential sports facilities into sports facilities (slofs including lifts necessary for slof use), safety facilities, and management facilities.
(b)B. Article 27 of the Sports Facilities Act purports to maintain management systems established in relation to the authorization and permission of a business, notwithstanding the change of a business entity, and to protect the interests of many members by establishing a utilization relationship with a sports facility business entity.
(see, e.g., Supreme Court Order 2014Ma1427, May 25, 2016). In particular, even if Article 27(2) of the Sports Facilities Act does not constitute a transfer of business under paragraph (1) of the same Article, an auction under the Civil Execution Act under each subparagraph of paragraph (2) is conducted.