Although the plaintiff asserts that it is two lease contracts, it should be viewed as one lease contract when considering the contract, business registration, etc.

Two contracts in the commercial lease contract are identical to the contents of the contract, and only the deposit for lease is divided, and the commercial building that the plaintiff entered into two contracts is divided into the same floor by the stairs, and the two buildings are divided into one another, and it shall be viewed as one lease contract in view of the fact that the two buildings have registered their business in one trade name.

2011 Single 80636 Demurrer against distribution

XX Kim

Republic of Korea 2 others

April 24, 2012 (Defendant leapA, KimB)

August 21, 2012 (for the defendant against the Republic of Korea),

September 4, 2012

1. Of the dividend table prepared by this court on October 20, 201 with respect to the Suwon District Court 201TA and KimB auction case of real estate (No. 9845) in Suwon District Court 201, the amount of dividends against Defendant leapA and KimB shall be reduced by KRW 000, and the amount of dividends to the Plaintiff shall be corrected by correcting the amount of dividends to KRW

2. The plaintiff's claim against the defendant Republic of Korea is dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant Republic of Korea shall be borne by the Plaintiff, and the part arising between the Plaintiff, Defendant leA, and KimB shall be borne by Defendant leA and KimB.

Of the dividend table prepared by this court on October 20, 201 with respect to the auction of real estate (No. 9845), Suwon District Court Decision 200 won for the Republic of Korea shall be deleted, and the dividend amount for the defendant Yoon and KimB shall be reduced by 00 won, and it shall be corrected to distribute the plaintiff KRW 000 to the plaintiff.

1. Claim against Defendant A, KimB

(a) Description of the claim;

The reasons for the attached Form shall be as shown in the attached Form.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant Republic of Korea

The Plaintiff asserts that, in the case of the auction of real estate, the Plaintiff is a lessee with each deposit of KRW 000 and KRW 000 for each deposit of KRW 44.1 square meter and KRW 30.51 square meter in the first floor among the 677-2 and the 3rd floor commercial buildings, which are the auction real estate, and that, in the above auction of real estate, the above two lease agreements were treated as one case and did not receive preferential repayment as small lessee, the above distribution schedule should be modified as stated in the purport of the claim.

However, according to each debt of Gap evidence Nos. 4, 5, 8, and 10 (including a provisional number), even if based on the contract for the commercial lease submitted by the plaintiff, the above two lease contracts are unified and divided into 000 won for lease deposit and 000 won for lease deposit. The part of each building for which the plaintiff entered into two lease contracts is the same floor among the third commercial buildings, and is divided into two parts by stairs. The plaintiff was registered as one trade name and operated a single food store business. Thus, even if the lease contract is divided into two parts, it should be viewed as one lease contract in fact.

The plaintiff's claim against the defendant against the Republic of Korea is dismissed for lack of reason.