토지인도
1. All appeals filed by the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) are dismissed.
2. The appeal costs.
1. The Plaintiffs cited in the scope of this court’s judgment and the judgment of the court of first instance rendered a claim for restitution of unjust enrichment due to the removal of the vinyl, the delivery of the pertinent land, and the unauthorized occupation without permission to the Defendant as the principal lawsuit. The Defendant asserted that the Plaintiff succeeded to the lessor’s status due to a counterclaim, and that he/she was the source of possession right, etc., and filed a claim for damages due to the damage of the Plaintiff’s crops. The court of first instance cited the remainder of the Plaintiff’s claim for restitution of unjust enrichment
Accordingly, since only the defendant appealed to the part against the defendant among the judgment of the court of first instance, the scope of the trial of this court is excluded from the part of the lawsuit against the defendant, such as removal of plastic houses and request for the return of unjust enrichment.
In addition, this court's reasoning is limited to the counterclaim. This court's reasoning is identical to the reasoning of the judgment of the court of first instance, except for deletion of "the portion of the claim for return of unjust enrichment" among "the judgment on the claim for return of unjust enrichment" in the reasoning of the judgment of the court of first instance.
2. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.