Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The basic facts of the claim (1) C, from around 1996, operated a golf practice range, strike 3 golf course, indoor swimming pool, etc. (hereinafter “instant golf practice range”). The instant golf practice range is subject to the Installation and Utilization of Sports Facilities Act.
(2) On June 11, 2005, the Plaintiff entered into a membership agreement with C, stating that the Plaintiff is eligible to use the instant golf practice range (hereinafter “instant agreement”).
(3) The instant contract provides that if the Plaintiff paid in full the membership fee of KRW 30 million (3 million on June 11, 2005, the remaining amount of KRW 27 million on June 13, 2005) to the Plaintiff, the instant golf driving range shall be acquired as a regular member of the instant golf driving range, and the annual fee shall be paid for three years, using the instant golf driving range, and C shall refund the membership fee to the unpaid interest after the expiration of the contract term, and if both parties raise an objection within 30 days after the expiration of the contract term, the contract shall be automatically renewed.
(4) On June 17, 2006, C invested the instant golf driving range in kind and established FF, but around 2009, the auction procedure (this court G and H) began with respect to the instant golf driving range with respect to the instant golf driving range.
(5) On December 1, 201, after receiving a successful bid for the instant golf driving range at the above auction procedure, I acquired ownership by paying the proceeds from the sale. On May 30, 2012, I commenced operating the instant golf driving range under the name of “J”.
(6) On March 20, 2017, I established the Defendant Company by investing the instant golf practice range in kind and taking office as its representative director. Since that time, I operated the instant golf practice range.
(7) The above facts do not conflict between the parties, or can be acknowledged by the overall purport of Gap evidence 1-1, 2, 3, 5-1, 2, and 9-1 through 4, and all pleadings. This interfered with this.