입회금반환청구
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal against Defendant N company
A. Article 27(1) of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) provides that a person who acquires essential facilities according to the standards for facilities of sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism (hereinafter “essential sports facilities”) 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 also applies mutatis mutandis to a person who acquires essential facilities (hereinafter “essential sports facilities”) through an auction under the Civil Execution
In addition, sports facility business entities shall install and maintain 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 Rule
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, Article 27(2) of the Sports Facilities Act is the same.