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(영문) 서울고등법원 2016.03.18 2015나2042481
보증금반환
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

B. According to the appraisal results conducted in the instant auction procedure (Evidence A52), the value of the instant real estate as of October 10, 2012 is KRW 14.4 billion, which includes a price of KRW 1.1 billion, which is 1.9 billion, which does not consider the installation time, including the cost of installation for a swimming pool, a swimming pool, a golf driving range, a golf driving range, a shooting range, a fish farm, and a fish farm, and 2.5 billion, which is easy to separate and move from the instant real estate, such as a house, equipment, and apparatus located in the instant real estate, was excluded from the object of appraisal.

4) At the instant auction procedure on March 15, 2013, theO filed a lessee’s right report stating that the instant real estate purchaser ought to succeed to the obligation to return the membership deposit of the sports club. 5) On the other hand, Q was a debtor on August 24, 2012, and UPS (including DC conversion machines, Un intercrup: a device regulating the supply of electricity to computers and their surrounding equipment; a device regulating the supply of electricity to computers and their surrounding equipment; an indoor golf practice range (type 1*15); a golf practice range (type 4); a variety of physical power training equipment; a water storage tank in a swimming pool with G as the debtor; and a water storage tank in a machinery room and a mechanical storage tank; and a heat exchange tank; and each of the instant corporeal movables purchased the instant corporeal movables from each of the instant auction proceedings (hereinafter referred to as “the instant corporeal movables”).

[Ground of recognition] Gap evidence 22, 24, 25, Gap evidence 48-2, Gap evidence 49-52, Eul evidence 1, 2, 4, 6, and 7, and the purport of the whole pleadings

B. Determination 1) The term “sports facility” means a facility continuously used for sports activities and its ancillary facilities (see Article 2 subparag. 1 of the Sports Facilities Act), and among those sports facility businesses reported among them (see Article 2 subparag. 1 of the Sports Facilities Act) pursuant to attached Table 4 of the Enforcement Rule of the Sports Facilities Act.

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