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. On May 26, 2008, the Plaintiff entered into a security trust agreement with the non-party land trust company (hereinafter “trust company”) as to the apartment complex of this case on May 26, 2008, and completed the registration of ownership transfer to the trust company on May 27, 2008.

B. The Defendant occupies the real estate listed in the separate sheet among the apartment complex of this case (hereinafter “instant real estate”).

C. On August 21, 2015, the Plaintiff entered into a loan agreement with a trust company to the effect that the Plaintiff may occupy and use the instant real estate without compensation until August 21, 2016 (hereinafter “instant loan agreement”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff has the right to seek delivery of the real estate in this case from the trust company under the loan agreement of this case, and the trust company has the right to seek delivery of the real estate in this case from the defendant who occupies the real estate in this case as the owner without title. Thus, the plaintiff can seek delivery of the real estate in this case directly to the defendant by exercising the right to claim delivery based on the trust company's ownership as preserved bond.

3. Judgment on the defendant's assertion

A. According to the instant trust contract, the Defendant’s right to file a lawsuit is against the trust company, which is the trustee. Therefore, the instant claim is filed by a person who has no capacity to file a lawsuit. However, as seen above, the Plaintiff is acting in subrogation of the Defendant’s right to claim delivery based on the ownership of the trust company.