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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. In the first instance trial, the Plaintiff: (a) filed a claim for restitution of unjust enrichment of KRW 180,000 or a claim for restitution of restitution of unjust enrichment of KRW 180,000 due to the failure, rescission, or cancellation of a contract with the Defendants (hereinafter “instant claim”); and (b) filed a claim for damages of KRW 314,00,000 due to nonperformance against Defendant B (hereinafter “instant claim 2”); (c) on May 17, 2018, the court of the first instance accepted the instant claim against the Defendants; and (d) rendered a judgment dismissing the instant claim 2 against the Defendants.
Therefore, the defendants only appealed against the part against the defendants in the judgment of the court of first instance. Thus, the actual subject of adjudication of this court is limited to the part against the defendants in the judgment of the court of first instance as to the claim of this case.
2. Basic facts
A. (1) Defendant B is the party’s status, etc.) The land indicated in attached Table No. 1 (hereinafter “instant land”) around September 22, 1982 by Defendant B.
(A)A building listed in paragraph (2) of the Schedule to its Ground and its Ground (hereinafter referred to as “existing building”);
(2) Around November 15, 2016, Defendant C donated 1/2 of the instant land to Defendant B, and thereafter, the Defendants removed the existing building and newly constructed a building listed in paragraph (3) of the attached Table on the instant land (hereinafter “instant building”), and thereafter thereafter, owned 1/2 of the instant building up to the date.
3) The Plaintiff is a person who operated a pharmacy in the name of “E pharmacy” in the existing building. B. The Plaintiff was operating a pharmacy in the Plaintiff’s existing building from September 19, 1980, before Defendant B purchased the existing building. The Plaintiff leased part of the existing building and operated the pharmacy. After Defendant B purchased the existing building, the Plaintiff entered into a lease agreement with the Defendant B and operated the pharmacy.