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(영문) 수원지방법원 2017.03.08 2016가단500883
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. Evidence No. 1 through 4, A5-1 through 3, A6, and the purport of the whole pleadings;

(a) On November 29, 2006, Hanwon Construction Construction Co., Ltd. (hereinafter referred to as the “Korea Housing Construction Co., Ltd.”) and the Korea Housing Guarantee Co., Ltd. (hereinafter referred to as the “Korea Housing Guarantee Co., Ltd.), LABD Construction Co., Ltd. (hereinafter referred to as the “Korea Housing Co., Ltd.”) and KABD Construction Co., Ltd. (hereinafter referred to as the “Korea Housing Co., Ltd.), and LABD Construction Co., Ltd. (hereinafter referred to as the “Korea Housing Co., Ltd.”) constructed the apartment and accessory facilities of 345 units on seven and 26 units, which were owned by Korea Housing Co., Ltd., for the sale in lots, or if KABD

(2) When entering into a housing sale trust agreement with the purport of the agreement, Han-do Construction is entrusted with a guarantee of the above land, and it takes over a guarantee of the above land without delay after the conclusion of the trust contract, shall make a registration of the ownership transfer and trust on the above land without delay, and shall make a registration of the trust after the construction is completed, and Han-Do Construction cannot raise an objection in the case of Han-do Construction, as it recognizes that it is impossible to carry out a guarantee due to default, bankruptcy, company reorganization, application for commencement of composition, etc., and if it carries out a succession business such as the change of business entity, and the person designated by it agreed to carry out the management, sale and disposal of the trusted real estate as trust affairs under the preceding paragraph, and the guarantee of Han-Do Construction was issued a guarantee certificate of housing construction on November 29, 2006, and the ownership transfer registration was completed in the name of the guarantee of the above land.

B. On December 29, 2005, 1 Sungwon Construction Co., Ltd. commenced a new apartment construction project, but the completion date of the original completion date of the construction project due to financial difficulties, etc., after the lapse of March 31, 2009.

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