1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

2. The plaintiff's remaining claims are dismissed.

3...

1. Basic facts

A. On September 11, 2013, the Plaintiff entered into a transfer security agreement with C to promptly deliver the property transferred for security (hereinafter “instant transfer security agreement”) on September 12, 2013, with respect to each movable property listed in the separate sheet owned by C (hereinafter “each movable property of this case”) in order to secure the claim for the purchase of the goods amounting to KRW 115 million against C, and upon receipt of delivery by means of possession and amendment, C created a notarized deed (No. 804, 2013, No. 804, No. 2013, Sept. 12, 2013).

B. Since August 31, 2014, C repaid the amount of KRW 40 million out of the price of the said goods, and did not repay the remainder of KRW 75 million.

C. At present, each of the instant movables is occupied and used by the Defendant.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. Determination as to the claim for delivery of movables

A. 1) Determination on the cause of a claim 1) Even if a mortgagee or a person who created a security by means of possession and alteration of a movable property loses possession of the movable property, even if the mortgagee or the person who created a security by means of transfer has lost possession of the movable property (see, e.g., Supreme Court Decision 9Da65066, Jun. 23, 2000). In addition, if a security agreement is made on the movable property and the mortgagee has received delivery by means of possession and alteration of the movable property, even before the liquidation procedure is completed, he/she is not entitled to use and benefit from the movable, but may claim that he/she is the owner of the movable property and exercise his/her right in relation to a third party (see, e.g., Supreme Court Decision 93Da44739, Aug. 26, 1994).