1. The defendant shall deliver to the plaintiff movable property listed in the attached Table 1 attached hereto.

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

3...

1. Basic facts

A. On December 14, 2016, C created and delivered a notarial deed of money loan for transfer of movable property (hereinafter “instant contract for transfer of security”) (No. 01066 of document No. 2016 of document No. 2016) to the Plaintiff on June 14, 2016, in order to guarantee the Plaintiff’s repayment of loan obligations by borrowing KRW 60,000,000 due date with the rate of 25% per annum, and as indicated in the attached Table No. 1 (hereinafter “instant movable property”) located in Kimpo-si, Kimpo-si, in order to secure the Plaintiff’s repayment of loan obligations by borrowing at a rate of 25% per annum.

B. The plaintiff A.

Based on the authentic copy of the notarial deed stated in paragraph (1), the Defendant applied for compulsory execution of KRW 60,000,000 and tried to seize the movables of this case, but it was impossible to execute the seizure due to the Defendant’s assertion that it is the owner of the said movables.

[Ground of recognition] Facts without dispute, Gap's evidence 1, Gap's evidence 3, Gap's evidence 4, Gap's evidence 6, the purport of whole pleadings

2. Determination

A. In a case where a debtor transfers his/her movable property to the creditor in order to secure a pecuniary obligation to determine the cause of the claim, and the debtor has decided to continue to possess it by the possession amendment, barring any special circumstance, the ownership of the movable property is merely transferred in trust, and thus, the debtor retains the ownership in the internal relationship between the creditor and the debtor, but in external relationship, the debtor is an unentitled person who has already transferred the ownership of the movable property to the creditor (see Supreme Court Decision 2004Do1751, Jun. 25, 2004). In a case where a security transfer contract for movable property is made and the creditor has been transferred by the method of possession revision, the creditor who is the mortgagee can exercise his/her right as the owner of the movable property even before the liquidation procedure is completed (see Supreme Court Decision 93Da4739, Aug. 26, 1994). The plaintiff is the movable property of this case.