1. It was prepared on July 5, 2016 by the said court with respect to the case of a voluntary auction of the real estate B located in Ansan District Court.

Facts of recognition

The Plaintiff acquired the right to collateral security and secured claim established on October 29, 2012 by the non-party Scenic Savings Bank Co., Ltd. (hereinafter “Spoi Mutual Savings Bank”) with respect to the instant building (hereinafter “instant building”), which is a commercial building, and was apportioned KRW 5,428,53,702 as a mortgagee in the procedure of the auction of the real estate rent B (hereinafter “instant auction”) located in the Suwon District Court, Ansan Branch.

On July 27, 2012, the Defendant entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with respect to the lease deposit of KRW 10,000,000,000,00 for rent, and between October 21, 2013 and October 20, 2014 for the lease deposit of KRW 1.5 square meters (hereinafter referred to as “the lease agreement”) among D and 701 square meters for the instant building (hereinafter referred to as “the lease agreement”), and was paid a dividend of KRW 10,000 in the first priority order by requesting an auction court to distribute dividends on March 16, 2015.

On July 5, 2016, the Plaintiff appeared on the date of distribution by the auction court, and raised an objection against the entire amount of distribution on the distribution schedule prepared on the same day (hereinafter “instant distribution schedule”). On July 11, 2016, the Plaintiff filed a lawsuit of demurrer against the Defendant against the distribution.

【In the event that there is no dispute, Gap 2 through 6 (including a land number), and a part of a building in the legal principles related to judgment of the purport of the entire pleadings are leased, in order for the business operator to be an effective method of public notification of lease in relation to a third party, the drawings indicating the leased part shall be attached when the business operator files an application for business registration, except in extenuating circumstances. However, even though the business operator who rents a part of the commercial building did not attach a drawing indicating the leased part at the time of business registration, it can be clearly recognized by the third party after leasing all the specific heading rooms clearly and clearly divided into the specific floor or whole of the commercial building.