A. On July 23, 2004, the building listed in the [Attachment 1] List, a commercial building called “U” (hereinafter “instant building”) was in the state of the completion of the preservation registration as Towned on July 23, 2004, but on February 19, 2016, the building was sold to V in the procedure for the sale of real estate auction (hereinafter “instant auction procedure”).

B. On the preceding day of January 2, 2007, mutual savings banks concluded a contract to establish a right to collateral security with a maximum debt amount of KRW 770,000,000 with a debtor, and completed the registration of creation on the same day. On November 3, 2014, the Plaintiff succeeded to the status of the mortgagee through the merger of the said savings bank.

C. In the instant auction procedure, the Plaintiff claimed KRW 840,00,000 as a mortgagee, and the Defendants claimed KRW 7,500,000 as a lessee under the Commercial Building Lease Protection Act, each of which is equivalent to the deposit amount recognized as the priority repayment right, as a lessee under the said Commercial Building Lease Protection Act.

Accordingly, on April 1, 2016, this Court drafted a distribution schedule that allows the Plaintiff to distribute KRW 113,972,121 to the Defendants each KRW 7,500,000 to the Defendants.

However, on the date of the above distribution, the Plaintiff raised an objection against the said dividend amount against the Defendants, and filed the instant lawsuit within one week thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 22-24, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The main point of the assertion was that the Defendants were not the tenants to whom the top priority repayment right under the Commercial Building Lease Protection Act is recognized on the date of distribution of the auction procedure in this case. This is due to the following reasons: (a) the Defendants are the most lessee, and thus, each of the above lease agreements is null and void.

Each lease contract in attached Form 2 is a lease for each part of the building of this case at the time of application for business registration.