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(영문) 대전지방법원 2017.12.08 2017가단201221
토비스콘도 회원권확인 등 청구의 소
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C Co., Ltd. shall be the Plaintiff.

Reasons

1. As to the plaintiff's primary defendant B's claim

A. The Plaintiff’s summary of the Plaintiff’s assertion was purchased from F Co., Ltd. (Co., Ltd. E, hereinafter “F”) who is a resort condominium business operator by the method of “member system” rather than “registration system” and paid 35,500,000 won as membership fee.

The specific contents are as follows:

Defendant B Co., Ltd. (hereinafter “Defendant B”) appears to have acquired all tourism facilities related to resort condominium business from F by auction from F, for the total amount of KRW 15:26:10,500,000 (the total amount of KRW 20:00,000,000,000 (the total amount of KRW 15:06,50,000,000,000,000,000 on the date of the contract term.

However, according to Article 8(2)1 of the Tourism Promotion Act, Article 5 of the Enforcement Decree of the same Act, and Article 16(1) of the Enforcement Rule of the same Act, a person who acquires all the ownership or right to use the land, buildings, guest rooms, cultural and sports spaces, such as stores, stores, and sites and buildings, and buildings, in accordance with an auction procedure under the Civil Execution Act, shall succeed to the status of the tourism business operator (including the rights and obligations agreed upon between the tourism business operator and co-owners in cases of sale in units or offering of membership pursuant to Article 20(1)).

In addition, in an auction procedure under the Civil Execution Act, where a purchaser acquires the remaining facilities except for the guest rooms sold in the form of co-ownership among the major tourist facilities of a resort condominium business and the guest rooms permitted to use the facilities, if the relevant facilities conform to the registration criteria (at least 30 guest rooms) under Article 8(2) of the Tourism Promotion Act, Article 5 of the Enforcement Decree of the same Act, and Article 16(1) of the Enforcement Rule of the same Act, the ownership of the guest rooms that have not been acquired is another owner.

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