2. Defendant D Co., Ltd.: (a)

A. The Defendant started construction of the instant apartment on October 9, 2007, as an executor who runs the new construction and sale business of F apartment units with a total of 135 households (1 complex 95 households, 2 complex 40 households) (hereinafter “instant apartment units”). The Defendant started construction of the instant apartment units on the following grounds: < Amended by Presidential Decree No. 20347, Oct. 9, 2007>

B. On December 4, 2009, with respect to the apartment of this case including the real estate listed in the separate sheet No. 1 list, the registration of preservation of ownership was completed in the name of the defendant on the entrustment of the registration of provisional attachment by G on December 4, 2009. On December 7, 2009, the defendant completed the registration of prohibited matters to the effect that the above registration of preservation of ownership was prohibited (hereinafter “registration of prohibited matters of this case”) that “it shall not be allowed to transfer the apartment of this case or set up a limited real right, or to impose any restriction on ownership, such as seizure, provisional seizure, provisional disposition, etc., against the apartment of this case without the consent of the prospective occupant.”

[Ground of recognition] Facts without dispute, Gap evidence 7-1 to 6, the purport of the whole pleadings

2. Whether the part requesting cancellation of the registration of prohibited matters of this case is lawful

A. According to Article 40 of the Housing Act alleged by the plaintiffs, since the defendant completed the registration of prohibited matters with respect to the apartment of this case by the method of additional registration but the registration of the prohibited matters was made by the principal registration method, not by the supplementary registration, it is a defect in the form of violating Article 40 of the Housing Act, and since the Korea Housing Guarantee Co., Ltd. after completing the registration of prohibited matters, returned the sale price in full to the buyers on the ground of the occurrence of the guaranteed accident, there is no prospective occupants in the whole apartment of this case, the defendant is obligated to implement the procedure for cancelling the registration of the prohibited matters of this case, which are completed with respect to each real estate listed in the separate registration list

B. On its own initiative, the registration procedure for cancellation of the instant prohibited matters shall be implemented.