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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in accordance with the purport of Gap evidence 1 to 5, Eul evidence 1 and the whole pleadings, or are significant in this court:
On September 23, 1989, the company operating a golf course under the Installation and Utilization of Sports Facilities Act (hereinafter referred to as the “sports facility Act”) with the approval of the business plan of the golf course from the Gyeonggi-do Governor on December 24, 1994, and registered the golf course under the name of the “sports club” in the name of the “sports club” (hereinafter referred to as the “instant golf course”). On October 23, 1995, B, the representative director of the Plaintiff, prepared an application for membership as a member of the instant golf course with tourism on board, and acquired membership in its own name.
(hereinafter referred to as “instant membership agreement”). B.
On November 197, 1997, upon the application of the mortgagee, the 564 members of the instant golf course, among the members of the instant golf course, invested 58 million won in order to purchase the said golf course site, etc., and the 564 members of the Korea Tourism Development Corporation (hereinafter referred to as the “Mol Tourism”) continued to operate the said golf course by continuously acquiring the instant golf course site, etc. after being awarded a successful bid in the said voluntary auction procedure on April 9, 2001.
C. On May 2, 2003, tourism on board all the facilities with the exception of the site, etc. of the instant golf course awarded a successful bid by Ori Tourism among the golf course facilities in this case, to Pestaum Co., Ltd. (hereinafter the above companies referred to as “Pami L&A”), which had been a corporate member of the existing sports consortiums, and the instant golf course facilities.