A. On April 10, 2013, at the request of the Plaintiff, who is a mortgagee, with respect to the fourth floor of FF No. 401 (hereinafter “instant real estate”) owned by Cheongju-si, the auction procedure for real estate was initiated as D with the Cheongju District Court on April 10, 2013.

B. During the above voluntary auction procedure, the execution court prepared a distribution schedule with the content that distributes the amount of KRW 102,195,487, which is to be actually distributed after deducting the execution cost from the sale price and interest of the instant real estate, to the Defendants, who are the small lessee, each of the 7,500,000, and the second priority to the Plaintiff, who is the mortgagee, the mortgagee, each of the 79,695,

C. On October 21, 2014, the Plaintiff appeared on the date of distribution and raised an objection against the Defendants regarding the amount of distribution.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the relevant legal principles, Article 4 of the Commercial Building Lease Protection Act, Article 3 of the Enforcement Decree thereof, Article 5 of the Value-Added Tax Act, and Article 7 of the Enforcement Decree thereof (applicable mutatis mutandis to business registration under the Income Tax Act and the Corporate Tax Act), where a business operator rents a part of a commercial building, he/she shall attach a written application for business registration, and where the object of the lease is a part of the building, he/she may request perusal or provision of the drawings of the relevant part. Therefore, in cases where a part of the building is leased, unless there are any special circumstances, the drawings indicating the leased part shall be attached at the time of application for business registration (see Supreme Court Decision 2008Da44238, Sept. 25, 2008). However, in light of the purport that the above business registration was established by the method of public announcement in the lease of the commercial building, the drawings indicating the leased part at the time of business registration.