1. The Plaintiff:

A. Defendant A’s real estate listed in attached Form A,

B. Defendant B shall provide the real estate listed in attached Form 2.

1. Facts recognized;

A. On November 7, 2012, the Plaintiff entered into a trust agreement with C on each of the above real estate owned by the owner of each real estate listed in the separate sheet, and the registration of transfer of ownership in the name of the Plaintiff was completed on the same day.

B. Defendant A occupies the real estate listed in attached Form 1, and Defendant B occupies the real estate listed in attached Form 2, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 2-2, 4, 3-2 and 4-4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, Defendant A is obligated to deliver each of the real estate listed in attached Form 1, and Defendant B is obligated to deliver each of the real estate listed in attached Form 2.

B. As to Defendant A’s assertion and its determination, around December 28, 2012, Defendant A entered into a lease agreement with Defendant A on the real estate stated in attached Form 1, and at the time, C was entrusted to the Plaintiff for the purpose of mortgage security, and it was said that C had the right to lease the said real estate. The Plaintiff also confirmed the same content, and thus, Defendant A’s possession under the said lease agreement was lawful in relation to the Plaintiff.

On the other hand, the trust under the Trust Act requires the trustee to manage and dispose of the property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it, so if the registration of ownership transfer is completed in the future in the trust of real estate, the ownership is entirely transferred to the trustee outside the country, and the ownership is not reserved to the truster in the internal relationship with the truster, but the registration of trust is not different even if the registration of trust is a security trust.

(see, e.g., Supreme Court Decisions 2000Da70460, Apr. 12, 2002; 2012Da30281, Sept. 13, 2012). Accordingly, in the instant case, the purport is as follows.