The costs of appeal are assessed against the plaintiffs.

1. (1) As to the grounds of appeal against Defendant A company, Article 27 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) maintains management systems established in relation to the authorization and permission of a business, notwithstanding changes in the main body of business, and protects the interests of the majority of members who entered into a utilization relationship with a sports facility business entity (see 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, it is the legislative intent of Article 27(2) of the Sports Facilities Act to apply mutatis mutandis to cases where the ownership of an essential sports facility is transferred and the main body of the sports facility business is changed due to the transfer of ownership of the essential sports

(See Supreme Court Decision 2018Da2334 Decided September 25, 2019 (see Supreme Court Decision 2018Da23334, Sept. 25, 2019). In full view of the aforementioned provisions of Article 27 of the Sports Facilities Act and the legislative intent thereof, comprehensively taking into account the provisions of Article 11(1) of the Sports Facilities Act and attached Table 4, etc. of the Enforcement Rule of the same Act, even if a facility consisting of a sports essential facility as prescribed by Article 27(2) of the Sports Facilities Act is a facility remaining after a certain facility is worn out or removed, the facility has lost its function according to its original purpose and thereby has become unable to run the previous sports facility business. If the substance of the sports facility business does not remain, the facility cannot be deemed an essential sports facility

Therefore, even if these facilities are sold in accordance with the procedures stipulated in each subparagraph of Article 27(2) of the Sports Facilities Act, such as an auction under the Civil Execution Act, Article 27(2) of the Sports Facilities Act is not applicable, a person or a corporation that purchased such facilities.