유체동산인도
1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On July 14, 2015, the Plaintiff entered into a transfer agreement with C and D on the corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) as follows.
1) C and D transfer the ownership of the instant corporeal movables to the Plaintiff until C and D transfer the money borrowed from the Plaintiff on May 27, 2015 and the money used as collateral on May 30, 2014, E and F, which was held by the Plaintiff on May 30, 2014. (2) C and D use the instant corporeal movables in G buildings and C & C 208 at the time of transfer after the transfer.
3) Since the date of this Agreement, since the ownership of the instant corporeal movables after the date of this Agreement, C and D may not offer as a security or conduct an act of disposal, such as transfer, for any reason, against a third party. B. H leased KRW 240 million to C on May 17, 2016, and was transferred as security by means of possession revision after taking over the instant corporeal movables. H received KRW 266 million from I on October 28, 2016 from I, and transferred the said corporeal movables to I. After which the Defendant leased the instant corporeal movables from I on November 1, 2016, the Defendant occupied the instant corporeal movables by leasing them. 【The entry in evidence A based on recognition, the purport of the entire pleadings, and the purport of the entire pleadings.
2. Determination
A. In order to secure a pecuniary obligation, where the obligor transferred the movable property owned by him/her to the obligee by means of possession and alteration, and the obligor agreed to continue to possess it, barring any special circumstance, the ownership of such movable property is merely transferred in trust. Thus, in the internal relationship between the obligee and the obligor, the obligor holding the ownership of the movable property, but in the external relationship, the obligor becomes an unentitled person who already transferred the ownership of the movable property to the obligee, and thus, even if concluding a contract to establish a security for transfer and delivering it by means of possession revision, the obligee who concluded the contract later,