beta
Text
1. Of the instant lawsuit, the Defendant’s membership golf course against the Defendant’s Intervenor on November 26, 2018.
Reasons
1. Details of the disposition;
A. On September 25, 2003, the Defendant Intervenor entered into a membership agreement for the use of the instant golf course with the Defendant’s Intervenor (hereinafter “instant agreement”) on February 11, 2016, on the trade name, “D/C club” (hereinafter “instant golf course”). The Plaintiff is a company running a regular public golf course business with the name of “D/C club.” The Plaintiff entered into a membership agreement with the Defendant’s Intervenor for the use of the instant golf course (hereinafter “instant agreement”).
B. On November 12, 2018, the Defendant’s assistant intervenor filed an application with the Defendant for the change of the business plan of the instant golf course from the previous “member golf course (18 holes) to the “large-scale golf course (18 holes),” and on November 26, 2018, the Defendant filed an application with the Defendant’s assistant intervenor for the change of the business plan of the sports facility business that changed the contents of the previous business plan in accordance with Article 12 of the Installation and Utilization of Sports Facilities Act (hereinafter “ Sports Facilities Act”) and Article 10 of the Enforcement Decree of the same Act (hereinafter “instant change approval”).
C. On January 17, 2019, the Defendant’s assistant intervenor filed an application with the Defendant for registration of the change of the sports facility business with the changed business plan (hereinafter “instant application”), and the Defendant filed the same year.
2. On 26. 26. Pursuant to Article 19 of the Sports Facilities Act and Article 20(2) of the Enforcement Decree of the same Act, the Defendant’s Intervenor changed the content of the previous registration from “member golf club business (18 holes) to “regular public golf course business (18 holes)” (hereinafter “instant change registration”). D. The instant change registration was made.
Meanwhile, the Plaintiff expressed to the Defendant’s Intervenor that he did not consent to the conversion of the instant golf course into the regular public golf course. Accordingly, on February 13, 2019, the Defendant’s Intervenor made the Plaintiff as the principal deposit and paid KRW 250 million.