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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Hero-si Tourism Development Co., Ltd. (hereinafter “Ero-si Tourism Development”) created a public golf course (beer golf course) with the trade name “beer golf course (beer golf course) 18 holes and a membership golf course (hereinafter “instant golf course”) with a total of 36 holes (hereinafter “instant golf course”) on November 14, 201 pursuant to the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”), and completed the registration of each sports facility business (a golf course) on public festivals and membership golf course (hereinafter “sports facility business”) on the land of 570 parcels, including the 172-9 land and its ground building (hereinafter “instant site”).
B. Meanwhile, in order to secure the money borrowed from a savings bank, etc. for the creation of the instant golf course, he/she entrusted the instant golf course site to one asset trust company and completed the registration of transfer of ownership accordingly. On February 18, 2013, the Vietnamese Development Co., Ltd. (hereinafter “Before the modification”) acquired the loans and preferential beneficiary status of the first priority beneficiary under the said real estate security trust agreement.
C. On February 18, 2014, the Vietnam Art applied for a public sale procedure on the instant golf course site and purchased the instant golf course site by means of a negotiated contract in the public sale procedure commenced accordingly, and completed the registration of ownership transfer pursuant thereto. D.
With respect to the instant popular golf course, on the basis of the consent to the registration of change of a sports facility business, the Vietnam Development Committee received the registration of change of a sports facility business from the Governor of Jeollabuk-do on March 18, 2014 to the bebapt pursuant to Articles 27(1) and 19(1) of the Sports Facilities Act.