1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) 6,149,590 Won and 4,840,000 among them;

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by service by publication: Article 208 (3) 3 of the Civil Procedure Act.

3. According to the evidence evidence No. 1, it is recognized that the Plaintiff entrusted the building listed in the separate sheet (hereinafter “instant building”) to the bank on June 20, 2019. However, notwithstanding the registration of the trust of C Bank as to the instant building, the Plaintiff still exercises the right to manage the instant building as a lessor of the instant building and can seek the delivery of the instant building and the return of unjust gains to the Defendant, who is the lessee. Therefore, this is examined.

According to the following circumstances revealed by Gap evidence No. 5 and the purport of the entire argument, namely, real estate trust agreement concluded between the plaintiff and C bank (hereinafter "real estate trust agreement of this case"), where a truster enters into a trust agreement with the prior written consent of the trustee and beneficiary after entering into this trust agreement, a lease agreement is concluded under the name of the truster, and the lessee is directly paid the lease deposit, rent, etc.

However, upon entering into a lease agreement, the truster shall clearly inform the lessee that the lessor is the truster and the truster bears the obligation to return the lease deposit (Article 11(1) of the Real Estate Trust Agreement), and the truster shall be entitled to lease or directly occupy or use the trust real estate even after the date on which the trust agreement was concluded, and even after the date on which the trust agreement was concluded, the truster may lease or directly use the trust real estate (Article 10(2) of the Real Estate Trust Agreement). Accordingly, the instant real estate trust agreement is the truster.