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(영문) 수원지방법원 2016.06.08 2015가단140574

건물등철거

Text

1. The defendant remove the building indicated in the attached list to the plaintiff.

2. The costs of lawsuit shall be borne by the defendant.

3...

Reasons

1. Facts of recognition;

A. Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Construction Co., Ltd.”) was issued a house sale guarantee certificate from Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) on November 29, 2006, and completed the registration of ownership transfer in the name of Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) on the previous land of this case and the apartment of this case scheduled to be newly built on the land of this case.

B. As D, the apartment contractor of this case delayed construction, part of the buyers of this case, as the right to receive the refund of the sale price due to the cancellation of the sale contract, registered as provisional attachment registration on September 15, 2009, when the registration of preservation of ownership in the name of Han-gu Construction with respect to the whole section for exclusive use of the apartment of this case was made. According to the above provisional attachment, the decision to commence compulsory auction (Y District Court E; hereinafter “instant compulsory auction”) was issued with respect to the above section for exclusive use.

C. On February 26, 2010, the Korea Housing Guarantee determined that the instant apartment site had caused a guarantee accident, and on April 24, 2010, the seller selected to implement the refund by the method of implementing the Housing Sale Guarantee and paid a refund to the buyer by February 14, 201.

On February 9, 2010, the previous land was incorporated into, and registered as, the Korea Housing Guarantee Co., Ltd. (hereinafter “instant land”) on February 23, 2012 due to the completion of the land development project.

E. Meanwhile, 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 G is a list in the procedure of compulsory auction on the portion of exclusive ownership of the apartment in this case conducted by the compulsory auction on April 2, 2012.