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

2. Determination

A. In the event that the relevant legal doctrine and provisional registration and security Act are not applicable, a mortgagee may seek delivery of an object by exercising the right to dispose of the object acquired by a security contract if the obligor has delayed the performance of the secured obligation due to the default of payment. In other words, a mortgagee may seek delivery of the object by exercising the right to dispose of the object.

(See Supreme Court Decision 91Da21770 delivered on November 8, 1991, etc.). B.

In light of the above legal principles as to the plaintiff's cause of action, according to the above facts, the plaintiff, the mortgagee, is in a position to seek delivery of the building stated in the annexed list of real estate as the execution of the security right to the defendant who has been faced with delayed performance due to the lapse of the time limit for payment. Thus, the defendant is obligated to deliver the building stated in the annexed list of real estate to the plaintiff.

C. The defendant's assertion 1) The defendant asserts that a mortgagee who has not completed the registration of transfer of ownership cannot claim the delivery of collateral to the debtor, and only the mortgagee who has completed the registration of transfer of ownership can claim the delivery of the collateral on the security interest in transfer of the debtor's delay. 2) The Supreme Court's decision (2005Da42750) mentioned by the defendant is a matter of issue where a third party occupies the collateral, and the mortgagee who has completed the registration of transfer of ownership is entitled to seek the delivery of the collateral to the third party for the realization of the disposal of the collateral.