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(영문) 대법원 2018.11.29 2016다238113
사해행위취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. As to the establishment of fraudulent act

A. Article 27(1) of the Installation and Utilization of Sports Facilities Act (hereinafter “sports facilities Act”) provides that “When a sports facility business entity dies or transfers his/her business, or when a corporate sports facility business entity merges with another sports facility business entity, the successor, the transferee of the business, the corporation surviving the merger or the corporation incorporated by the merger shall succeed to the rights and duties of the sports facility business upon the registration or report of the relevant sports facility business (including matters agreed upon between the sports facility business entity and its members where members are recruited under Article 17)

In addition, Article 2(2) of the same Act provides that “The provisions of paragraph(1) shall apply mutatis mutandis to a person who acquires essential facilities according to the standards for facilities of sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in accordance with any of the following procedures,” and provides for “auction under the Civil Execution Act,” under subparagraph 1, subparagraph 2, subparagraph 3, and subparagraph 3, “sale of seized property pursuant to the National Tax Collection Act or the Local Tax Collection Act,” and provides for “other procedures corresponding to the provisions of subparagraphs 1 through 3.”

As can be seen, Article 27(1) of the Sports Facilities Act provides that the rights and duties according to the registration or report of the sports facility business shall be succeeded to in addition to inheritance and merger, and Article 27(2) of the same Act provides that the same shall apply mutatis mutandis to a person who acquires essential facilities according to the standards for the facilities of the sports facility business (hereinafter “essential sports facilities”).

If the business of a sports facility business entity or an essential sports facility is transferred to another person by the foregoing method, the transferee of the business or the transferee of the essential sports facility as well as the rights and obligations under public law formed in connection with the sports

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