1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 28, 2013, the Defendant: (a) as a mortgagee of the right to collateral security against D-owned Seoul Northern-gu E and shopping district, 101, 108, 113, and 115 (hereinafter “instant real estate”); (b) filed an application for an auction of real estate rent with B andC in this court; and (c) received a ruling to commence the auction on March 29, 2013.

B. On November 26, 2014, the auction court distributed KRW 15,00,000,000, and KRW 23,081,820, and KRW 2,081,29,583 (dividend ratio) to the Defendant in the order of the order of the first priority to small lessee F, and KRW 0 to the Plaintiff, respectively.

C. The Plaintiff raised an objection against the Defendant’s dividend on the date of distribution, and filed the instant lawsuit on December 2, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is a legitimate lessee who leases part of the bath of “G” on the first floor of the instant real estate, and operates a bath manager, oral, or shop. The Plaintiff failed to obtain opposing power under the Commercial Building Lease Protection Act due to the failure to register its business due to the lack of Korean nationality as a shipbuilding unit.

Therefore, the dividend of this case, which was based on the premise that the Plaintiff was not the lessee, is unreasonable.

B. (A) If the lessee of a commercial building has the opposing power or preferential right to payment under the Commercial Building Lease Protection Act for the claim for return of deposit for lease, he/she shall obtain the delivery of the commercial building which is the object of the lease and the registration of business in accordance with the Value-Added Tax Act, etc

(see Supreme Court Decision 2005Da64002, Jan. 13, 2006). In addition, this business registration was prepared as a public announcement method that enables a third party to clearly recognize the existence of the right of lease for the safety of transaction. Thus, the issue of whether a business registration has the effect of disclosing any lease is common sense.