The Defendant appealed against all the judgment of the first instance court against which the Defendant lost, and in the process, the Plaintiff added the claim for damages caused by tort as a selective claim for overdue rent and unjust enrichment equivalent to the rent, and added the claim for damages due to nonperformance of duty to restore.

In addition, this Court changed the judgment of the first instance court before the remand cited the portion of the claim for restoration expenses of measuring instruments among the claims for return of unjust enrichment equivalent to the overdue rent and rent and damages claims due to nonperformance of duty to restore, and dismissed all the remaining claims.

On the other hand, only the defendant appealed to the part against which he lost, and the Supreme Court reversed the portion of the claim for return of unjust enrichment equivalent to the overdue rent and rent, and remanded to this court, and dismissed the remainder of the defendant's appeal.

Therefore, the remainder of the claim except for the portion of the overdue rent and the claim for return of unjust enrichment equivalent to the rent in arrears among the claims in this case was finalized as it is because no appeal has been filed against the judgment against the plaintiff in this court before the remand or the appeal has been dismissed.

Therefore, the scope of this Court's trial after remand is limited to the claim for restitution of unjust enrichment equivalent to the overdue rent and rent.

2. Basic facts

A. On May 29, 2012, the Plaintiff leased the instant real estate and the lower part thereof (see attached drawings; hereinafter referred to as “part (b) in a ship”) to C by setting the lease deposit of KRW 40,000,000, monthly rent of KRW 4,000 (excluding value-added tax; hereinafter the same shall apply) and the lease period from June 8, 2012 to June 7, 2014.

B. The Plaintiff on June 9, 2014