토지인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the set-off objection added by the defendant in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant asserts to the effect that the amount equivalent to the rent is offset against the amount equivalent to 326,750 won out of the Plaintiff’s claim for return of unjust enrichment as the Defendant’s claim for return of unjust enrichment, on the ground that the Plaintiff owned part of the D site owned by the Defendant while owning the forest and land located in the forest and G located in the Crossing-gun of Gangwon-do, Crossing-do, and unjust enrichment equivalent to the rent of KRW 326,750.
However, it is not clear when and when the claim for return of unjust enrichment equivalent to the rent claimed by the Defendant was made. Moreover, there is no evidence to prove that the Defendant had a claim for return of unjust enrichment equivalent to KRW 326,750, as alleged by the Defendant against the Plaintiff.
Therefore, the defendant's above defense is not accepted.
3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.