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1. A distribution schedule prepared by the above court on May 29, 2014 with respect to the case of application for compulsory auction B in Daejeon District Court Branch B.
Reasons
1. Facts of recognition;
A. C entered into a contract with D on April 1, 2005 to purchase the instant land with the purchase price of KRW 400 million between E, E, 2,19 square meters, F, 165 square meters, and G, G, 931 square meters (hereinafter “instant land”), and to newly construct a 4-story tenement house on the ground (hereinafter “instant tenement house”).
B. After completion of the construction of the instant tenement house to D, C shall pay KRW 100 million in addition to the above land price, and D shall cooperate with C in constructing a new tenement on the instant land.
C. C agreed to set up the name of the owner of the instant tenement as D in order to secure a total of KRW 500 million to be paid to D at the time of the above sales contract and the agreement on the payment of performance money, and obtained a building permit from D in the name of the public market.
C Around October 2007, around October 2007, a construction contract was entered into between a lot construction company (U.S. Co., Ltd., Ltd. before the change; hereinafter referred to as “the loting construction”) and a contractor with the price of 175 million won in the cost of the construction of the instant lot of apartment house. At the time of the said contract, he/she agreed that he/she shall jointly and severally guarantee the obligation for the construction cost.
In addition, on July 25, 2009, the lot construction increased the total construction cost to KRW 270 million while engaging in an additional construction work.
E. On March 20, 2009, with respect to the instant tenement house, the registration of preservation of ownership in the name of D was completed at the time of commissioning the registration of provisional seizure according to the order of provisional seizure on March 19, 2009, Daejeon District Court Branch Branch Office, Daejeon District Court Branch Branch Office, Daejeon District Court Order 2009Kadan43, which was issued on March 19, 2009.
F. H, as of March 26, 2009, concluded a contract to establish a right to collateral security with respect to the instant tenement with D, the maximum debt amount of 500 million won, and was received on April 1, 2009 by the above court No. 8303.