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(영문) 수원지방법원 2016.06.15 2015가단140567

건물등철거

Text

1. The defendant shall remove the buildings listed in the attached sheet to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. 【Recognition of Fact-finding 【No Evidence, A1 through A4, A5-1 through 3, A6, A7, and the purport of the whole pleadings;

A. On November 29, 2006, the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) entered into a housing trust agreement with the Korea Housing Guarantee Co., Ltd. and the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) with the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) to build the apartment and accessory facilities of 345 units on seven and 26 units owned by the Korea Housing Guarantee Co., Ltd., to sell in lots, or to sell in lots, if Korea Housing Co., Ltd. is unable to carry out the sale contract, the Korea Housing Guarantee Co., Ltd. shall manage, sell in lots and dispose of the trust real estate (including the ownership transfer of the land or housing; hereinafter the same shall apply) with the purpose of performing the sale guarantee, and the Korea Housing Guarantee Co., Ltd. shall acquire the above land without delay after entering into a trust agreement, and the person designated by the Korea Housing Guarantee Co., Ltd. shall file an application for the registration of ownership transfer or trust due to the land, and file an application for the bankruptcy guarantee or trust.

(2) On November 29, 2006, the Korea Housing Corporation issued a house sale guarantee for the Han River Construction, and the ownership transfer registration was completed in the name of the guarantee for the land.

B. (1) The approval of the use of the said apartment shall be granted on March 31, 2009, after the completion date of the initial completion date of the warranty. < Amended by Presidential Decree No. 22002, Jan. 22, 2010>