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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the grounds of appeal Nos. 1, 4, and 6
A. The purport of Article 30(3) of the former Installation and Utilization of Sports Facilities Act (amended by Act No. 6907, May 29, 2003; hereinafter “former Sports Facilities Act”) is to interpret that where a person who has obtained approval of a business plan succeeds to the status of a person who has obtained approval of a business plan, such as a transferee, a successor, or a corporation after a merger, pursuant to the provisions of Article 12 of the former Installation and Utilization of Sports Facilities Act, pursuant to the business transfer, death, or succession of the business concerning the sports facilities before the completion of the registration of the sports facilities business by completing the construction of the sports facilities and by registering the sports facilities
(2) In light of the above legal principle, the transferee of the sports facility business succeeds to the relation with the members pursuant to Article 30(3) of the former Sports Facilities Act, and as a result, the transferee, including the successful bidder, bears the obligation to return the membership fee to the existing members, and the property right of the transferee and the mortgagee is restricted due to the decline in actual security value of the sports facility. However, the above legal provision is contrary to the excessive prohibition principle, thereby infringing on the property right of the transferee or mortgagee against the excessive prohibition principle.
or otherwise treated differently from the general transfer of business, it cannot be deemed that the right of equality is infringed.
Constitutional Court Order 2009Hun-Ba197 Decided July 29, 2010 (see Constitutional Court Order 2009Hun-Ba197).
For the reasons indicated in its holding, the lower court: (a) as to the instant golf club between the Defendant and a stock company for the same leisure industry (hereinafter “same leisure industry”), the instant golf club is subject to the transfer of business prescribed in Article 30(1) of the former Sports Facilities Act, which applies mutatis mutandis pursuant to Article 30(3)