1. Except for the portion separated and finalized by the judgment of remand, that portion is then remanded to the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In the first instance court’s trial scope, the Plaintiff sought reimbursement of KRW 17,600,000 for the return of lease deposit amounting to KRW 20,000,00 for the first instance court’s counterclaim, and KRW 17,60,000 for the first instance court’s main lawsuit, and KRW 20,000 for the delivery of real estate listed in the separate sheet, and KRW 880,00 for the overdue rent and the second instance’s unjust enrichment (from August 1, 2012 to the completion date of delivery of the instant real estate).

The judgment of the first instance accepted the entire claim of the plaintiff, and dismissed the whole counterclaim of the defendant.

On the other hand, only the defendant appealed against the principal lawsuit and the counterclaim, and the plaintiff did not appeal.

Before remanding, the Defendant delivered the instant real estate to the Plaintiff on September 6, 2015. This Court dismissed the remainder of the appeal by citing the part of the first instance judgment’s claim for return of unjust enrichment equivalent to the rent from June 1, 2013, and dismissing the claim corresponding to that part of the claim for counterclaim (the lease deposit was partially KRW 11,200,000, less the rent of KRW 8,800,000 from August 1, 2012 to May 31, 2013).

The plaintiff and the defendant appealed to the Supreme Court against each losing part of the judgment before remanding. The Supreme Court reversed the part against the plaintiff regarding the claim for return of unjust enrichment equivalent to the rent from June 1, 2013 to September 6, 2015 among the part concerning the claim for return of unjust enrichment in the main lawsuit among the judgment of this court before remanding.

As a result, the part of the plaintiff's main claim (the part on the claim for delivery of building) and the part on the (the part on the claim for damages) of the defendant's counterclaim became final and conclusive through a judgment of remand.

(Supreme Court Decision 94Da51543 delivered on March 10, 1995). Accordingly, the scope of the trial of this court after remanding the case is reversed and remanded, i.e., the part concerning the claim for return of unjust enrichment among the plaintiff's main claim, and the part concerning the claim for return of unjust enrichment.