1. The defendant is a sports facility of 2,751.031m2 and a first class neighborhood living facility (public bath) among the buildings listed in the attached list to the plaintiff.

Basic Facts

The relevant defendant is an educational foundation that establishes and operates a National University of Korea.

피고는 서울 광진구 자양동 227-7외 6필지 지상 주상복합건물인 ‘더�스타시티’(이하 ‘스타시티’)를 신축ㆍ분양하였다.

The plaintiff is the council of occupants' representatives comprised of the representatives of the members of Lone Star City.

On February 20, 2002, the defendant newly built and sold Lone Star City, the defendant decided on February 20, 200 to change the use of the land on the south side of the National University from fundamental property for profit-making purposes, and obtained approval from the Ministry of Education and Human Resources Development (the Ministry of Education) on June 21, 2002.

The Defendant decided to newly construct and sell Lone Star on the land outside 227-7 of the Seoul Special Metropolitan City Gwangjin-dong, and on May 14, 2003, the Posco Construction Co., Ltd. (hereinafter “Posco”) was selected as a sales agent and a responsible contractor, and entered into a construction contract.

Lone Star's sale was completed around May 2003.

According to the sales guide at the time of the sales of Lone Star City, there was a sports center in relation to the specialization of sports facilities, which has a golf practice range, a volatilen center, a Squitoco, aging course, a swimming pool, and a swimming pool in relation to the specialization of sports facilities, and upon the sale of the sports facilities, the above facilities may be used, and the customer management, a reservation management, a waiting management, and a receipt of inconvenience in the center, etc. are in charge of the operation of users in the center, and the phrase “a business plan for sports facilities may be modified according to the defendant’s decision” was also stated.

The first floor of the lease and return of the marina was included in commercial facility zones designated for sales facilities and sports facilities.

The Defendant leased the whole commercial facilities of the first floor underground in the construction process of the Lone Star City.

After that, Emart tried to establish and operate a complex sports center in the area of sports facilities (area 3,187.628m2, hereinafter referred to as “instant area”), but this case’s zone is located.