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

A. On September 7, 2010, the Defendant completed the registration of the establishment of a neighboring mortgage on the real estate indicated in the separate sheet owned by the State trial company E (F Co., Ltd. before the alteration; hereinafter “the instant real estate”) (hereinafter “the instant real estate”).

B. The Defendant filed an application for the commencement of voluntary auction with respect to the instant real estate, and the voluntary auction was commenced to the Seoul Central District Court C, and the Plaintiffs asserted that they were small lessees under the Commercial Building Lease Protection Act and filed a report on the right and demand for distribution in the above auction procedure.

C. On April 24, 2015, the executing court distributed the Defendant, who is the mortgagee of the right to collateral security, the amount of KRW 28,250,273,489 to the Defendant, and the Plaintiffs did not distribute the amount to the Plaintiffs. The Plaintiffs raised an objection as stated in the purport of the claim among the dividends against the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the plaintiff's assertion was excluded from dividends by entering into a commercial building lease agreement and completing business registration before the commencement of the registration of the decision on commencement of the auction in this case, even the lessee who has the right of preferential repayment under the Commercial Building Lease Protection Act.

B. The fact of recognition 1 is that Plaintiff A is a child of G, the representative director of the non-party company established for the purpose of household design and manufacturing business, and is a inside director of the non-party company, and registered a household and art works wholesale and retail business on October 1, 2008.

② On November 2, 2012, Plaintiff Company is a corporation established for the purpose of a tourist hotel business with Plaintiff A as its representative director.

③ In the instant auction procedure, the Plaintiffs asserted that they were small lessees, and submitted the real estate lease contract based thereon, and the content of the contract was made by Plaintiff A on October 1, 2009, part of the first and second floors of the instant real estate from Nonparty Company.