1. The Defendant shall deliver to the Plaintiff the Daegu Jung-gu parking lot C, 539.2 square meters.

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

3...

1. Facts of recognition;

A. On August 10, 2010, D Co., Ltd. (hereinafter “D”) entered into a real estate security trust agreement with K non-real estate trust company (hereinafter “K non-real estate trust”) with respect to the first floor of 101, 2, and 8 floors among the 8th floor F buildings on land outside Daegu-gu, Daegu-gu and 2 lots of land (hereinafter “instant building”), and completed the registration of ownership transfer caused by the said trust in the future of K non-real estate trust on the same day.

B. On March 3, 2011, D completed the registration of ownership transfer for the sixth or eighth floor of the instant building on the ground of the attribution of trust property on March 3, 201, and on the same day, in order to secure its loan obligations, the registration of ownership transfer based on the trust was completed in the name of the North Korean Agricultural Cooperative, the maximum debt amount of KRW 1,950,000,000.

C. On April 26, 2017, K non-real estate trust concluded a sales contract with the Plaintiff on the first floor 101, second floor, and eight floors among the instant building, and completed the registration of ownership transfer on July 21, 2017.

On August 10, 2010, the building site of this case was incorporated into the building site of this case in Daegu Jung-gu, Seoul Special Metropolitan City (hereinafter “instant parking lot site”) and the Defendant currently occupies and uses it while running the parking lot business at the instant parking lot site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Determination

A. The instant parking lot site, which is determined as to the cause of the claim, is the site of the instant building and owned by all sectional owners of the instant building (see, e.g., Supreme Court Decision 2006Da56565, Jul. 12, 2007). According to the above recognition, the Defendant, as a co-owner of the building site of the instant parking lot, exercises the right to claim exclusion of disturbance as part of the preservation act for the jointly-owned property.