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

A. On January 28, 2016, the Plaintiff entered into a lease agreement with C on approximately 24 months from January 28, 2016, on the lease period of approximately 23 square meters among approximately 890 square meters of the 1st floor of the building of 23 square meters on the 1st floor of the 1st floor of the 200 square meters, Yong-Gun, Jeonsung-gun, Seoul (hereinafter referred to as the “instant building”) owned by C, and one million won of the monthly rent.

On February 24, 2016, the Plaintiff obtained a fixed date in the above lease contract and registered its business.

B. On June 8, 2016, the Defendant, as a mortgagee, applied for an auction of real estate for the exercise of the right to collateral security on the instant building and land. On February 2, 2017, the auction court prepared a distribution schedule that the amount of dividends to the Defendant was KRW 361,307,268, and excluded the lessees, including the Plaintiff, from the distribution of dividends.

C. The Plaintiff raised an objection on the date of distribution, and filed the instant lawsuit within seven days thereafter.

[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Assertion and determination

A. It is unreasonable to exclude the Plaintiff from dividend, as the Plaintiff alleged by the Plaintiff is entitled to the top priority repayment under the Commercial Building Lease Protection Act.

Therefore, the distribution schedule should be corrected, such as the purport of the claim.

B. Determination 1) The position of the Supreme Court precedents, along with the delivery of a building under Article 3(1) of the Commercial Building Lease Protection Act, is prepared as a public announcement method that enables a third party to clearly recognize the existence of the right of lease for the safety of transaction. Thus, whether a business registration has the effect of public announcement of a lease should be determined depending on whether it can be recognized that the lessee exists in the relevant lease building due to its business registration under ordinary social norms. Meanwhile, it should be determined in accordance with 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.