do not overwrite files in leading path

If the work tree contains an untracked file x, and
unpack-trees wants to checkout a path x/*, the
file x is removed unconditionally.

Instead, apply the same checks that are normally
used for untracked files, and abort if the file
cannot be removed.

Signed-off-by: Clemens Buchacher <drizzd@aon.at>
Signed-off-by: Junio C Hamano <gitster@pobox.com>