1. The defendant's appeal is dismissed.

2. Upon receiving the claims added at the trial, the Defendant is KRW 24,868,00 and the Plaintiff.

1. Facts of recognition;

A. On October 2, 2007, the Plaintiff entered into the following contracts (hereinafter “instant contract”) with the Defendant on the attached list owned by the Plaintiff (hereinafter “instant building”) and delivered the instant building to the Defendant around that time.

The Plaintiff intended to repair and use the instant building in the state of the construction of the building. As such, the Plaintiff concluded a contract for use as follows by mutual consent.

1. The defendant shall use it free of charge for three years on condition of repair cost.

2. The defendant shall repair and maintain the building for use.

3. The defendant may transfer the right to use to a third party within the period of use.

4.The plaintiff shall not infringe the defendant's right to use for a period of two years, and shall compensate the loss in the event of the violation.

5. The plaintiff and the defendant may conclude a lease contract again after the expiration of the period of use.

6.If, after the lapse of the period of use (three years), the lease agreement has not been renewed, or if time has elapsed for more than a month without creating a house, all household tools shall be considered to have been abandoned, and the Plaintiff shall be assigned to the Plaintiff at will, and the Plaintiff shall be disposed of at will.

7. The plaintiff and the defendant possess notarial acceptance of the above contents.

B. The defendant currently occupies, uses, or benefits from, the building of this case.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The Defendant’s defense prior to the merits to the effect that it is unlawful for the Plaintiff to file a claim for damages equivalent to the rent or a claim for return of unjust enrichment at an appellate court while the Plaintiff only filed a claim for the delivery of a building at the first instance court, as it

B. To the extent that the foundation of the claim does not change, a change in the claim can be made until the time of the closing of argument at the fact-finding court (see, e.g., Supreme Court Decision 97Da4416, Apr. 24, 1998). The Plaintiff transferred the building against the Defendant.