1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.

2. The appeal costs and the claims in the trial.

1. In the first instance trial, the Plaintiff sought the delivery of the instant driving school to the Defendant, and the return of unjust enrichment for the period from November 18, 201 to the delivery date. The first instance court accepted the request for delivery of the instant driving school among them, and partly dismissed the claim for restitution of unjust enrichment.

As the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for return of unjust enrichment.

However, since the Plaintiff added a claim for damages due to nonperformance of duty to restore within the scope of the previous claim amount when it comes to the trial, the claim added in the trial above is also subject to the judgment of this court.

2. Basic facts

A. On October 22, 199, the Defendant: (a) leased the instant private teaching institute from C with the lease deposit of KRW 35 million; (b) KRW 800,000 per month; (c) the lease term of KRW 30,000 per month; and (d) leased the private teaching institute from December 1, 1999 to November 30, 200; and (c) operated the private teaching institute.

B. After purchasing the instant building from C on August 10, 201, the Plaintiff concluded the lease contract with the Defendant and the instant private teaching institute on November 20, 201, setting the lease deposit amount of KRW 50 million per month, KRW 2 million per month, and the lease term of KRW 30 million from November 18, 2001, as follows.

No agreement exists that 30,00 won per month (excluding value-added tax) from November 18, 2001 to November 17, 2002 on the date of the payment of the monthly management expenses for the rent of rent of 108.18.20,000 won per month during the lease period of 201.18 to November 18, 2003 to November 17, 2003.150,000 won per month during the 308.18.18.18.208.18.208.18.18.18.208.1.208.1.208.6.1.6.6.0,000 won from November 17, 2004 to June 16, 2005 to June 15, 2005 to June 17, 2008.201.

C. The Plaintiff continued to delay the rent, etc. on November 3, 201.