체육관입관 결정처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The gist of the grounds for appeal asserts that the entry and exit disposition in the purport of the claim (hereinafter “instant disposition”) should be revoked in an unlawful manner on the following grounds.
On August 21, 2016, 48 of the members of the C club (hereinafter “instant club”) transferred to the Plaintiff through the Plaintiff’s inaugural general meeting on August 21, 2016. The instant club decided to change its organization into the Plaintiff, while maintaining its identity.
Since then, the club of this case was completed by a sports manager, and operated temporarily until the plaintiff moved into a gymnasium, and it is merely limited to the admission of new members as part of temporary operation and the new president is elected. The indoor gymnasium of this case is indoor g in Seoul.
The opening of the previous club on July 1, 2017, following the completion process on June 23, 2017, was published, and the previous club ceased to exist as a result of the suspension of all business on June 30, 2017, and all the rights previously owned are succeeded to the Plaintiff. Therefore, it is reasonable for the Plaintiff to be granted benefits under the instant Ordinance.
(hereinafter referred to as “the first proposal”). (b)
Nevertheless, without having any relationship with the previous club of this case, the defendant excluded the plaintiff and granted the same name to the club of this case (hereinafter "the present club of this case") benefits under the Ordinance of this case. The disposition of this case that granted benefits to the present club of this case not subject to the benefits prescribed in the Ordinance of this case is unlawful.
(hereinafter referred to as “section 2”). 2. Determination
A. Article 12 of the former Rules of the instant club (hereinafter “instant rules”) of the instant club, based on the determination as to the head of the first club, submitted the rules of the instant club at the time after the closure of the arguments in the court of the first instance. A general meeting shall be held once December each year, and important matters, such as the amendment of the rules, the appointment of officers, etc., shall be resolved (Paragraph 1), and the special meeting shall be held by the president or the registered members 1/3.