시정명령 등 취소청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The plaintiff is a sports facility business operator registered pursuant to the Installation and Utilization of Sports Facilities Act, and is a business operator who operates a sports club (hereinafter referred to as "Namnam-CC"), which is a membership golf course of 18 holes located in the Gyeonggi-do-do city.
The type of a golf course is divided into a public golf course that allows anyone to use the golf course in accordance with the order of reservation, by recovering the initial investment cost through the method of operation, by inviting members, and by creating a membership golf course that guarantees the preferential use of the golf course, etc. for the members.
On the other hand, the membership golf course can be divided into an incorporated association, a shareholder membership system, and a deposit membership system according to the contents of the membership agreement.
An incorporated association system has the right not only to participate in the operation of golf courses but also to use golf courses in the form of organizing and operating a golf course by an incorporated association.
The shareholder membership system shall be in charge of the operation of the golf course in the form of a company established by a pelza and the company created and operates the golf course, and the members in the status of shareholders shall supervise the company and have the right to use the golf course.
The deposit membership system shall not take part in the management of a golf course in the form that the company recruits its members while creating the golf course, receives membership fees from its members, and appropriates them for the expenses incurred in the formation of the golf course, and refunds membership fees to its members while guaranteeing the use of the golf course to those members.
Most of the Korean membership golf courses are operated as a deposit membership system.
The plaintiff's change in the operating method and the current status of the plaintiff were opened on January 1, 1992 and operated as the shareholder membership system. At the time, the member did not pay the annual fee of KRW 120 million at the time of the shareholder member, and later was converted into the deposit membership system.