1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall provide the plaintiff with real estate listed in the attached list.

1. Basic facts

A. On December 26, 2008, Smart City Co., Ltd. completed a pre-use inspection on the real estate listed in the [Attachment List (hereinafter “instant real estate”) and completed the registration of ownership preservation on January 7, 2009. The Good Persons Co., Ltd purchased the instant real estate from Smart City Co., Ltd. on October 15, 2009 and completed the registration of ownership transfer on the instant real estate on December 15, 2009.

B. On December 14, 2009, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) on the following grounds: (a) on December 14, 2009, the Plaintiff entered into a real estate security trust agreement with a good person, who is the truster company, smart rap, the trustee, the Defendant, the first beneficiary of trust principal, and the Seoul Mutual Savings Bank, the Seoul Mutual Savings Bank, the trust principal and the beneficiary of trust proceeds, together with the debtor, with smart scrap among the beneficiaries of the instant real estate. On December 15, 2009, the Plaintiff completed the registration of ownership transfer with the Plaintiff as the trustee with respect to the instant real estate on December 15, 2009.

C. The provisions pertaining to a lease agreement of real estate held in trust in the instant trust agreement are as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (2) No truster shall reduce the value of trusted real estate by means of establishing rights, such as lease, or changing the current state of trusted real estate, without the prior consent of the trustee.

Article 10 (Lease, etc.) (1) The status of a lease agreement entered into by a truster before this trust agreement is equal to attached Table 5, and a lessee's claim for the return of the lease deposit shall take precedence over the beneficiary's right to benefit.

(3) A new lease or sub-lease contract after this trust contract is concluded shall be concluded in the name of the trustee, or subject to prior consent of the trustee.