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 of housing from the previous land and the apartment of this case that is scheduled to be newly constructed on the land, a trust contract for sale of housing was concluded, and the registration of ownership transfer was completed in the name of the Korea Housing Guarantee Corporation for the above land. (2) When the construction of Sungwon Construction, which is the construction contractor of the apartment of this case, delayed the construction, part of the buyers of the apartment of this case, registered provisional attachment registration was made when the registration of ownership transfer was made in the name of Hanwon Construction with respect to the whole section of exclusive ownership of the apartment of this case, and the decision of compulsory sale (hereinafter “the compulsory sale of this case”) was made with respect to the above exclusive ownership according to the provisional attachment.
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 sales price to the seller by February 14, 201. 4) The instant previous land was incorporated into the Korea Housing Guarantee on February 9, 2012 for the reason of the completion of the land development project on February 23, 2012 (hereinafter “instant land”). < Amended by Presidential Decree No. 23693, Feb. 23, 2012>
5. On the other hand, in the procedure of compulsory auction in this case, the auction court stated that it is a "sale of only building" in the remarks column of the goods to be sold, and the defendant is a section for exclusive use of the apartment in this case that was conducted according to the compulsory auction on July 3, 2012