2.**

3.

2. The costs of lawsuit are assessed against the Defendants.

가. & & & 소유의 청주시 □□□ 제4층 제401호( 이하 '이 사건 부동산'이라 한다) 에 관하여 근저당권자인 원고의 신청에 따라 2013. 4. 10 . 청주지방법원 2013타경 ◆◆◆ 호로 부동산임의경매절차가 개시되었다.

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 from the proceeds and interest of the instant real estate, to the Defendants, who are small lessee, each of the 7,500,000, and the second priority to the Defendants, who are the mortgagee, each of the 79,695,487.

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

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, and 6

(2) Each entry and the purport of the whole pleading;

2. Determination as to the cause of action

A. Relevant legal principles

According to 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 an entrepreneur rents a part of a commercial building, the relevant part shall be attached to the application for business registration, and where the object of the lease is a part of the building, interested parties may request the perusal or provision of the drawings of the said part. Thus, where a part of the building is leased, the drawings indicating the leased part shall be attached at the time of application for business registration (see Supreme Court Decision 208Da44238, Sept. 25, 2008). However, in light of the purport that the above business registration was prepared as a public announcement method in the commercial building lease, if the leased part of the building was clearly distinguishable from the case where the lessee indicated the leased part at the time of business registration to the extent that it can be objectively recognized that it was clearly distinguishable from the case where the third party is clearly aware of the relevant part in terms and conditions of the building.

B. Determination

In the instant case, the Defendants are also the Defendants that the Defendants leased part of the instant real estate, and that the drawings were not attached as a result of the registration of the business, and that there was no evidence to deem that the said business registration had been specified to the extent that it was possible to distinguish the leased parts of the Defendants from those leased by a third party without the drawings in general social norms, and therefore, the Defendants cannot be viewed as having the opposing power, and therefore, the Defendants cannot claim the preferential payment right of the lessee of commercial building small amount

Therefore, the distribution schedule of this case under the premise that the Defendants are lessee subject to the Commercial Building Lease Protection Act is illegal.

3. Conclusion

그렇다면 청주지방법원 2013타경◆◆◆ 부동산임의경매사건에 관하여 위 법원이 2014. 10. 21. 작성한 배당표 중 피고들에 대한 각 배당액 7,500,000원을 삭제하고, 원 고에 대한 배당액 79,695,487원을 102,195,487원으로 경정하여야 할 것이므로 원고의 이 사건 청구는 이유 있어 이를 인용하기로 하여 주문과 같이 판결한다.