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1. The defendant shall deliver each of the real estate listed in the attached Form to the designated Korean Asset Trust Co., Ltd.
2...
Reasons
1. In full view of the purport of the entire argument in Gap evidence No. 5 of the judgment on the claim of the Appointor Korean Asset Trust, the Appointor Korean Asset Trust is the owner of the instant real estate, and the defendant is currently possessing the instant real estate.
Therefore, the defendant is obligated to deliver the instant real estate to the designated person to the Korean Asset Trust unless the defendant asserts the source of possessory right.
The defendant asserts to the effect that "the real estate of this case was legitimately sold from the UNFCCC Co., Ltd., which has the right to sell the real estate of this case."
However, the Defendant concluded the sales contract with the above company.
there is no evidence to acknowledge that the above company had legitimate authority to sell at the time of the sales contract asserted by the defendant.
(2) The Plaintiff asserts that “The Plaintiff shall deliver the instant real estate to the Plaintiff on the ground that the Plaintiff comprehensively obtained the right to sell and manage the instant real estate from the designated Korean asset trust,” and that the Defendant shall deliver the instant real estate to the Plaintiff.”
However, even if there exists a legal relationship between the Plaintiff and the Korea Asset Trust, as alleged by the Plaintiff, the instant claim is a claim for the delivery of a building based on ownership, and the external owner of the instant real estate is a Korean Asset Trust with the Appointor, and thus, the Plaintiff’
3. The plaintiff's claim is accepted on the ground of the reasons, and the plaintiff's claim is dismissed on the ground of the reasons.