배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion is that the Plaintiff: (a) from E Co., Ltd. to E Co., Ltd., a lessee who has the opposing power and preferential right to payment under the Commercial Building Lease Protection Act after leasing parts of both buildings of KRW 1600,000 and 30,000 among the 22,061,00 square meters of FF factory site in the Dong-si, Gangwon-do; and (b) completed business registration; and (c) thus, (d) as to the above real estate, etc., a security deposit amount of KRW 30,00,000 shall be preferentially distributed in a voluntary auction proceeding; (e) even if the amount of dividends to wage creditors and right to delivery was paid to the Defendant, the distribution schedule was prepared with the content that distributes all remaining dividends, excluding the amount of dividends to the wage creditors and right to delivery, and thus, the said distribution schedule should be revised.
2. If the lessee of a commercial building has preferential right to payment of the full deposit amount, he/she shall obtain a fixed date from the head of the competent tax office on the lease contract (Articles 5(2) and 3(1) of the Commercial Building Lease Protection Act), and there is no evidence to acknowledge that the Plaintiff has obtained a fixed date from the head of the competent tax office, and the Plaintiff’
Next, although a lessee of a commercial building has a right to receive a certain amount of the deposit in preference to other secured creditors, he/she shall meet the requirements for setting up against him/her before filing an application for auction of the building (the plaintiff's assertion that the priority repayment right to the specified amount of the deposit is recognized even if he/she fails to meet the requirements for setting up against the latter part of Article 14 (1) of the Commercial Building Lease Protection Act, cannot be accepted as contrary to the above legal provisions), and the registration of business that is stipulated as the requirements for opposing power in addition to the delivery of a building in Article 3 (1) of the Commercial Building Lease Protection Act