건물등철거
1. The defendant remove the building indicated in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Determination as to the cause of claim
A. Facts of recognition 1) Hanby Construction Co., Ltd. (hereinafter “ Hanby Construction”)
2) The land of this case (hereinafter referred to as “the previous land of this case”) is 27 pieces of land, such as the Heung-gu, G, etc.
3) The apartment complex C of 345 units on the ground (hereinafter “instant apartment”) is the apartment complex of 7 units on the ground.
As of November 29, 2006, Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”) (hereinafter “Korea Housing Guarantee”)
(2) On September 15, 2009, upon receipt of a certificate of sale in lots from the previous land, entered into a trust contract for the sale in lots for the apartment of this case, which is scheduled to be newly constructed on the land, and completed the registration of ownership transfer in the name of the Korea Housing Guarantee against the said land. (2) When D, which is the construction contractor of the apartment of this case, delayed the construction, part of the buyers of this case, registered the provisional seizure of the claim for the refund of the sale price due to the cancellation of the sale in lots, as the right to be preserved, while making a registration of ownership transfer in the name of Han River Construction on the whole section of exclusive ownership of the apartment of this case as to the above section of exclusive ownership pursuant to the provisional seizure.
3) On February 26, 2010, the Korea Housing Guarantee was determined to have caused a guarantee accident regarding the instant apartment site. On April 24, 2010, the seller selected to implement a refund by implementing a housing sale guarantee and refunded the sale price to the seller by February 14, 201. 4) The instant previous land was incorporated into the Korea Housing Guarantee on February 23, 2012, for the reason of the completion of the land development project on February 9, 2010, for the purpose of the completion of the land development project (hereinafter “instant land”). < Amended by Presidential Decree No. 23968, Feb. 23, 2012>
5. Meanwhile, in the procedure of compulsory auction in this case, the auction court stated that it is "sale of only a building" in the remarks column of the goods to be sold, and the defendant on April 3, 2012 regarding the section for exclusive use of the apartment of this case implemented by the compulsory auction of this case.