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(영문) 광주고등법원 (전주) 2018.10.15 2018누1416
체육시설업변경등록처분무효확인등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows.

C. Except as otherwise stated in the lower judgment’s reasoning, this part is identical to that stated in the reasoning of the lower judgment, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

C. Determination 1) Article 1 of the Sports Facilities Act provides that “The purpose of this Act is to contribute to improving the people’s health and good use of leisure time by encouraging the installation and utilization of sports facilities and ensuring the sound development of sports facilities business, thereby contributing to improving the people’s leisure time and making good use of their leisure time,” and Article 2 subparag. 4 provides that “Members” refers to sports facility business entities and those who agreed to use sports facilities business entities and those who agreed to use sports facilities under preferential or more favorable conditions than the general users as facilities for sports facilities business in preference to the general users of the sports facilities business.”

"A Mayor/Do Governor" in the main sentence of Article 14 shall operate a golf course business which recruits its members and does not recruit its members (hereinafter referred to as "public golf course") as prescribed by Presidential Decree.

(2) may be attached directly to the corporation.

Article 21 provides that "a golf club business operator who recruits members shall separate the operation of a public golf course as an annex under Article 14 from the relevant golf course in which members are recruited, such as the method of use of the public golf course as an annex under Article 14

"" is defined as ".

§ 30.

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