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(영문) 수원지방법원 2016.05.26 2015가단142211
건물등철거
Text

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...

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) Hanby Construction Co., Ltd. (hereinafter “ Hanby Construction”)

2) The land of this case (hereinafter “the previous land of this case”) is 27 pieces, including the land of this case and the land of this case.

2) The apartment complex B of 345 units on the ground (hereinafter “instant apartment”).

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 built 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 Housing Guarantee in the name of the above land. (2) When the construction of Sungwon Construction, which is the construction company of the apartment of this case, delayed the construction of the apartment of this case, part of the buyers of the apartment of this case, registered the provisional attachment registration as the right to be preserved when the registration of ownership transfer in the name of Hanwon Construction as to the whole section of exclusive ownership of the apartment of this case was made with respect to the above section of exclusive ownership (hereinafter “the compulsory auction of this case”).

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 23, 2012, for the reason of the completion of the land development project on February 9, 2010 (hereinafter “instant land”).

5. 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 E is related to the section for exclusive use of the apartment in this case that was implemented according to the compulsory auction

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