1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. Facts of recognition;

A. In order to secure loan claim 200 million won to Nonparty C, the Plaintiff completed the registration of the transfer of ownership as to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the said company on October 23, 2007 by the Suwon District Court Seosung Branch of the 16074 of receipt on October 23, 2007, and subsequently completed the principal registration based on the provisional registration as of January 27, 2015 by the same registry office as of January 27, 2015.

B. On October 23, 2007, at the time when the Plaintiff completed the provisional registration of this case, the market price of the real estate of this case was KRW 135,000,000, and at the time, the Plaintiff’s loan claim against the Nonparty Company was the principal amount of KRW 200,000.

C. On October 14, 2010, the Defendant concluded a lease contract with the representative director D for the instant real estate by setting the lease deposit of KRW 20 million and the lease period from October 22, 2010 to October 21, 2012, and completed the move-in report on October 26, 2010 and obtained the fixed date, and thereafter possess the instant real estate up to the day.

[Ground of recognition] Facts without dispute, Gap 1-6's entries, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the plaintiff acquired ownership retroactively on October 23, 2007, which is the date of establishment of provisional registration, following the completion of the principal registration procedure based on provisional registration with respect to the real estate of this case. Thus, the defendant who occupies the real estate of this case has a duty to deliver it to the plaintiff who is the owner, unless there are special circumstances.

B. The Defendant’s assertion (1) concluded a lease agreement with C, a former owner of the instant real estate, and paid in full the deposit amount of KRW 20 million. Upon completing the move-in report on October 26, 2010, the Defendant occupied it after obtaining the fixed date, and the Plaintiff, who acquired the ownership of the instant real estate from C, succeeded to the lessor’s status. As such, the Defendant succeeded to the lessor’s status.