1. 피고 C은 원고에게 별지 목록 기재 부동산 1층 중 별지 도면 표시 ㉫, ㉢, ㉣, ㉤, ㉥, ㉦, ㉧,...

1. Facts of recognition;

A. From the former owner D, the Defendants’ building indicated in the attached list for the lease of the said building (hereinafter “instant building”); and (1) Defendant B entered into a contract to lease a karaoke machine with a deposit of KRW 5 million and monthly rent of KRW 400,000,000 from December 20, 2012 to December 19, 2014 (hereinafter “base store”).

(2) 피고 C은 1층 중 별지 도면 표시 ㉫, ㉢, ㉣, ㉤, ㉥, ㉦, ㉧, ㉨, ㉩, ㉪, ㉫의 각 점을 차례로 연결한 선내 제1종 근린생활시설(미용실) 84.56㎡(이하 ‘1층 점포’라 한다)와 3층 사무실 120.36㎡(이하 ‘3층 점포’라 한다)를 보증금 2,000만 원, 월 임료 120만 원에 2013. 7. 10.부터 2015. 7. 9.까지 임차하는 계약을 체결한 이래 거기서 미용실 등을 운영하고 있다.

B. The Plaintiff’s acquisition (1) D sells the instant building to E on May 30, 2018, and completed the registration of ownership transfer on December 21, 2018.

(2) On December 21, 2018, E Co., Ltd. completed the registration of ownership transfer based on the trust in the future of the Plaintiff on the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, 10, 17, the purport of the whole pleadings

2. According to the facts established on the basis of the determination of the cause of the claim, Defendant B, the owner of the instant building, is obligated to deliver the underground floor, Defendant C, the first floor, and the third floor store to the Plaintiff.

[A trustee, who has completed the registration of ownership transfer pursuant to a trust contract, may exercise ownership domestically and externally, and is not different from the case of a collateral trust (see, e.g., Supreme Court Decision 2015Da47327, Nov. 23, 2017). The Defendants’ assertion that only the truster may claim for delivery in the collateral trust is rejected]

3. Determination as to Defendant B’s defense, re-claim, and re-claim

A. Determination on the defense (1) Since the period of the Defendant B’s assertion lease has not expired, the underground floor.