The defendant shall deliver the real estate listed in the attached list to the plaintiff. The remaining claims of the plaintiff are dismissed.

1. Basic facts

A. On May 21, 2018, the registration of the establishment of the right to collateral security was completed with respect to the real estate listed in the separate sheet (hereinafter “the instant loan”). On May 21, 2018, the maximum amount of KRW 46,200,000 in the name of D Co., Ltd. was completed.

B. When the repayment of the above loan was overdue, D Co., Ltd. filed an application for voluntary auction of the instant loan to the Incheon District Court E, and on February 28, 2019, upon receipt of a decision to commence an auction of real estate from the above court, the decision to commence an auction of the instant loan was completed.

(c)

On June 24, 2019, the Defendant reported the right of retention to the effect that “The Plaintiff: (a)” in the above auction case, “The purchase discount construction of the instant loan was not made, but the owner C did not pay the construction cost; and (b) was sentenced to the judgment of Incheon District Court 2019Ga District Court Decision 31583 that “the Defendant shall pay the said KRW 17,765,000 and the interest calculated at the rate of 12% per annum from the said court to the day of full payment from July 21, 2019 to the day of full payment” after filing a lawsuit for construction cost against C by the Seoul District Court Decision 2019Da31583, Sept. 10, 2019.

(d)

The plaintiff paid the sale price on August 19, 2020 upon the successful bid for the loan of this case in the above auction procedure, and completed the registration of transfer of ownership on August 26, 2020.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the part of the claim for extradition on the ground of claim 1) The defendant is obligated to deliver the loan of this case to the plaintiff, the owner of the loan of this case, unless there are special circumstances.

2) The Plaintiff is obligated to return unjust gains calculated at the rate of KRW 250,00 per month from August 19, 2020, which is the date of acquiring the instant loan ownership, to the date of completion of delivery of the instant loan.