1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The Plaintiff sought restitution of unjust enrichment and payment of damages against the Defendant. The court of first instance partly accepted the claim for restitution of unjust enrichment and dismissed the claim for damages.

Accordingly, the defendant only appealed against the part on the claim for return of unjust enrichment that he lost among the judgment of the court of first instance. Thus, the subject of the judgment of this court is limited to the claim for return of unjust enrichment that the defendant appealed.

2. The court's explanation on this part of the basic facts is the same as the reasons stated in Paragraph 1 of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. In full view of the facts finding the cause of the claim as to Gap 4 through 10, 13 through 16, 18 through 20, 23 through 27, Eul 2, 15 through 17, and 28 respectively, the testimony or image of the witness of the first instance court, the testimony of the witness of the first instance court, and the fact-finding conducted by the head of the first instance court on May 3, 2008, the defendant obtained the permission of the non-party company's counselor, sales manager, and sales company with the above 30 members of the first instance court as well as the first 30 members of the first instance court. The defendant obtained the permission of the first instance court on May 3, 2008 to explain the location and shape of the land of this case, the utilization plan, development potential, etc. at the place of the new construction company's new construction site, and the extent of the land of this case's usual land near the 370m radius of the above land.