The defendant.

A. A. Since 2003, C did not pay global income tax, etc., taxes were in arrears.

C newly constructed the real estate listed in the attached list (hereinafter referred to as "the real estate of this case") and thereafter registered the title trust in the D future to be exempted from the compulsory execution based on the delinquent tax amount.

D has completed on May 17, 2004 registration of ownership preservation on the real estate of this case.

B. Since the title trust agreement between C and D with respect to the instant real estate is null and void, the Republic of Korea (Seosan Tax Office) sought a transfer of ownership on the instant real estate on the ground of the recovery of real name, since the title trust agreement with C and D regarding the instant real estate was null and void.

On August 28, 2013, the court decided C to implement the procedure for ownership transfer registration on the instant real estate due to the restoration of real name, and the above judgment became final and conclusive.

(Dasan District Court 2013Gahap42956). Based on the above judgment, on February 5, 2014, the registration of ownership transfer was completed in C in relation to the real estate of this case, and Korea completed the attachment registration of the real estate of this case on the same day.

C. As C fails to pay the delinquent taxes, the Korea Asset Management Corporation issued a public auction notification on September 11, 2014 and proceeds from the public auction procedure with respect to the instant real estate.

On January 8, 2015, the Plaintiff acquired the instant real estate through public sale and completed the registration of ownership transfer on the same day.

Although the Defendant occupied and used the instant real estate, on November 22, 2016, the instant real estate was delivered to the Plaintiff as a provisional execution under the first instance judgment.

[Ground of recognition] The non-contentious facts, Gap evidence No. 1, the fact inquiry results to the Korea Electric Power Corporation of the first instance court, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above fact-finding on the Plaintiff’s claim for delivery of real estate, the Defendant is obligated to deliver the instant real estate to the Plaintiff.