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(영문) 부산지방법원 2015.02.04 2013가합19253
배당이의
Text

1. The distribution schedule prepared by the same court on November 15, 2013 with respect to the case of compulsory auction by Busan District Court C real estate.

Reasons

Basic Facts

The following shootings are not disputed between the parties, or are recognized in full view of the purport of the entire pleadings in the statements in Gap evidence 5, 9 through 13 (including each number, hereinafter the same shall apply), 15, Ga evidence 6, Na 18, 20.

The 30 persons, such as the establishment of the D Housing Association and the construction of new apartments E, etc., are co-owners of F2,912 square meters of land in Busan Seo-gu (hereinafter “instant land”) and establish the D Housing Association (hereinafter “the instant apartment”) as a regional housing association for the purpose of constructing the apartment on the above ground (hereinafter “instant apartment”) and obtain authorization for the establishment from the head of the Gu of Busan Metropolitan City on May 7, 2003.

Around May 2003, the instant association concluded a joint agreement for the construction of the instant apartment, and agreed to continue the instant construction with G Co., Ltd. (hereinafter “G”) around March 2004, when the construction was suspended due to the failure to perform the instant construction due to the failure to perform the said construction while entering into a joint agreement for the construction of the instant apartment (hereinafter “instant apartment”). Since G had no general construction license, at the time there was no general construction license, H Co., Ltd. (hereinafter “H”) borrowed the instant construction from H Co., Ltd. under the name of H to pay part of its profit upon completion of the construction. Accordingly, the instant association and G concluded the construction contract between H on April 3, 2004 with the construction cost of KRW 5.5 billion as the contract cycle between H and H.

On May 21, 2004, the instant association obtained the approval from the head of the Busan Metropolitan Government, from the head of the Gu of the Busan Metropolitan City, to change the third party to H among joint business operators of the apartment housing construction project plan, and H continued the instant construction at that time. The instant association and H entered into a joint agreement on July 14, 2005, and the main contents thereof.

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