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1. It was prepared on July 16, 201 by the relevant court with respect to the Incheon District Court F, G (Joint) and H (Joint) real estate compulsory auction cases.
Reasons
Basic Facts
A. On October 12, 2006, the International Land and Housing Corporation (hereinafter “Korea Housing Corporation”) developed and sold by the Korea Land and Housing Corporation (hereinafter “Korea Housing Corporation”) entered into a contract with JJ of 869.2m2m2m2 (hereinafter “instant land”) for the purchase price of KRW 2,118,010,000, and on December 7, 2006, K Co., Ltd (hereinafter “K”) acquired the status of the buyer under the said sales contract from the I Association with the approval of the Housing Corporation.
(B) On February 1, 2011, K failed to complete the registration of ownership transfer in its name because the registration of ownership transfer in the name of housing construction has not been completed in around 2006 due to the delay of cadastral adjustment.
K on March 9, 2007, the construction work of constructing the L Building of the third and nine stories above ground (hereinafter “instant building”) on the instant land was awarded to the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) at KRW 5,141,40,000 for the construction work cost, and Plaintiff A completed the said construction work around the end of February 2008.
C. Meanwhile, from the time of reporting the commencement of the construction, K divided the division of each floor of the instant building into 3 to 10 stores, and displayed the number of units, and advertised commercial sales. Some of the instant buildings were each of the instant buildings, No. 105 of M and N on November 10, 207, and No. 105 of E and N on April 9, 208, respectively, and sold to O on April 3, 208.
Defendant C and D completed the joint establishment registration of a mortgage on the instant land and building on December 5, 2012, based on the debtor, K-mortgage, Defendant C, D, the maximum debt amount, 5,000,000,000 won for the establishment of a mortgage agreement on December 4, 2012.
E. With respect to the instant land and buildings, the Incheon District Court F, G (Joint), and H (Joint) Real Estate Auction Procedure (hereinafter “instant auction procedure”) commenced, and the said court determined the amount of actual dividends of KRW 5,83,984,646 at the instant auction procedure on July 16, 2013, following the first order.