The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, Article 30(1) of the former Installation and Utilization of Sports Facilities Act (amended by Act No. 6907 of May 29, 2003; hereinafter “the Act”) provides that the rights and obligations under the existing recruitment agreement shall be succeeded to a transferee of a business in the case of a transfer of a sports facility business completed in order to protect more members who concluded a membership recruitment agreement with a sports facility business operator than general creditors. For the same reason, Article 30(3) of the Act provides that the above Paragraph(1) shall apply mutatis mutandis to the succession of a business plan accompanied by a transfer of a business, etc. before the completion of a sports facility. A single intention is to continue a business conducted for the purpose of registration of a sports facility business after completion of the construction of the sports facility, and some assets for business are acquired through a successful bid in the auction procedure, and the remaining assets for business and goodwill are acquired through a series of acquisition contracts concluded with the previous business operator, and thus, it constitutes a special circumstance under Article 30(1) of the Act.

(See Supreme Court Decision 2005Da5379 Decided November 23, 2006, and Supreme Court Decision 2007Da38663 Decided July 9, 2009, etc.). The lower court, citing the first instance judgment, determined that the Defendant was established for the purpose of acquiring the instant golf club, and that a series of procedures, such as participating in the Defendant’s auction procedure, taking over the sports facility business prior to the determination of permission for successful bid, and acquiring the ownership of the land subject to auction due to the full payment of successful bid price, all of the instant golf club’s business, were conducted under the single intent to acquire the instant golf club’s business, and that most of the instant golf club’s site is acquired.