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1. The plaintiff's appeal is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is as follows: (a) the part of the 7th judgment of the court of first instance stating that “the execution clause was granted” (hereinafter “instant succession execution clause”) was “as stated in the relevant part of the reasoning of the judgment of the court of first instance; and (b) thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the plaintiff's assertion
A. Since the “general succession” under Article 27 of the Sports Facilities Act does not constitute “a specific succession to the obligation under a judgment,” it cannot be deemed that the proviso of Article 31(1) of the Civil Execution Act stipulating the requirements for granting an execution clause constitutes “where the succession is evident to a court, or where the succession is proved by a certificate.”
In addition, even if the plaintiff has taken over the obligation to return the membership fee to the defendant of the non-party company, it cannot be viewed as the obligation to assume the counter-performance of the counter-party company only.
Therefore, the granting of the instant succession execution clause is illegal.
B. The “matters agreed upon between a sports facility business operator and a member” to be succeeded by a transferee, etc. under Article 27 of the Sports Facilities Act shall be construed as acquiring a membership qualification as effective at the time of succession of the sports facility business, and only the rights held by the previous sports facility business operator, i.e., the right to use the facilities and the right to return the membership fee attached thereto, and the right of a member to be returned at the time of seizure of the sports facility business shall not be construed as falling under the claim
However, the defendant did not acquire the status of a special member according to the membership agreement of the special member of this case by paying only the down payment out of the membership fee, and even though the membership fee was paid in full, it has already been withdrawn at the time of succession to the plaintiff's sports facility business, and maintains the status of a single member pursuant to the