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(영문) 전주지방법원 군산지원 2017.04.28 2016가합11181
체육시설업자변경등록말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 14, 2012, 201, he/she operated a golf course (hereinafter “instant golf course”) with the trade name of 570 parcels, such as the ero-ray 172-9 land, and of 8 above ground areas, “beber golf club” (hereinafter “instant golf course”). On November 14, 2012, he/she completed the registration of each golf course (hereinafter “sports course business”) in accordance with the Installation and Utilization of Sports Facilities Act by dividing the erog course 18 holes among the instant golf courses into a public golf course, and the erog course 18 holes into a membership golf course (hereinafter “sports facilities Act”).

B. Mana Tourism Development changed the company’s name in succession to the Dana Real Estate Trust Co., Ltd. (the latter is one stock company, another stock company as one asset trust without distinction before and after the change.) concluded a real estate security trust agreement with respect to most of the instant golf course sites and completed the registration of ownership transfer based on the trust.

Around February 18, 2013, the Defendant (formerly: U.S., U.S.) acquired the right to loans for the development of Mana Tourism from the Bank, which is the first priority beneficiary under the said real estate security trust agreement, and the status of the first beneficiary for the instant golf course site operated by Mana Tourism Development.

C. On February 2013, when the Defendant and the persons designated by the Defendant jointly take over essential facilities of the instant golf course through public sale procedures, etc., the Defendant’s obligation to return the security deposit for membership golf course to the Defendant’s heir in return for the Defendant’s succession to the obligation to return the security deposit for membership golf course. The portion concerning the public golf course among various business rights and authorization rights of the instant golf course pertaining to the Defendant and membership golf course.

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