1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of transfer of ownership in the name C was completed on May 4, 2016 on the grounds of sale as of April 14, 2016, and the registration of transfer of ownership in the Plaintiff’s name was completed on November 6, 2017 on the grounds of sale as of November 5, 2017.

B. The defendant occupies the real estate of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged prior to the determination of the cause of the claim, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, unless there are special circumstances

B. The Defendant asserts that, at the time of the purchase of the instant real estate, only the name of ownership C was left in the future, and the actual owner was the Defendant and the network D (Death on November 6, 2016). Therefore, the Defendant asserts to the effect that there was a legitimate title to possess the instant real estate.

According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, where a title truster and a title trustee entered into a contract under a title trust agreement with the owner who was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer of the relevant real estate in accordance with the said contract, the title trustee will acquire the full ownership of the relevant real estate notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and the title trustee will only bear the obligation

(See Supreme Court Decision 2007Da90432 Decided October 14, 2010). According to this, even if it is acknowledged that the Defendant and the deceased D have trusted the instant real estate to C as alleged by the Defendant, it was the previous real estate of this case.