A. On December 16, 2013, 2013, Suwon District Court A opened the auction procedure of real estate for the sale of real estate on the part of the 1142-2 and the 1526th floor of the 15th floor (hereinafter “instant real estate”), which was the mortgagee’s right to collateral security, at the request of the Bank of Korea (hereinafter “the instant real estate”).

B. During the above voluntary auction procedure, the court of execution prepared a distribution schedule with the content that distributes the amount of KRW 168,125,306, the actual amount to be distributed after deducting the execution cost from the sale price and interest of the instant real estate, KRW 11,700,000, and KRW 156,425,306 to the Plaintiff who acquired the mortgage in accordance with the Asset-Backed Securitization Act in the second order.

C. On September 1, 2014, the Plaintiff appeared on the date of distribution and raised an objection against the amount of distribution to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 3, 8 to 10, 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 former Value-Added Tax Act (amended by Act No. 11873, Jun. 7, 2013) and Article 7 of the Enforcement Decree thereof (amended by Act No. 11873, Jun. 7, 2013), where a business operator rents a part of a commercial building, he/she shall attach a written application for business registration, and where a business operator rents a part of the commercial building, he/she shall be allowed to request perusal or provision of the relevant part of the drawings if the object of lease is a part of the building. Therefore, where a part of the building was leased, the drawings indicating the leased part shall be attached when the business operator files an application for business registration (see Supreme Court Decision 2008Da44238, Sept. 25, 2008), except in extenuating circumstances. 208.