1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid shall be revoked.

2...

1. The judgment of the court of first instance accepted the Plaintiff’s request for extradition and the claim for damages equivalent to the rent from May 4, 2016 to March 16, 2017, which is the date of the closing of argument in the first instance trial, and dismissed the return of unjust enrichment or the claim for damages from March 17, 2017 to the date of the completion of delivery of the building indicated in the separate sheet. The judgment prior to remand rejected the Plaintiff’s request for extradition among the Plaintiff’s claims, and partly accepted the claim for damages equivalent to the rent from May 4, 2016 to March 9, 2018, which is the date of the closing of argument in the second instance trial from March 10, 2018 to the date of the completion of delivery of the building indicated in the separate sheet.

As to this, the Plaintiff appealed. The judgment of remanding was reversed from March 10, 2018 of the judgment prior to remand to the delivery date of the building indicated in the annexed list of the lower judgment, and the Plaintiff’s remaining appeal was dismissed.

Therefore, the scope of this Court’s adjudication is limited to the return of unjust enrichment or claim for damages from March 10, 2018 to the completion date of delivery of building as stated in the separate sheet from March 10, 2018 to the part against the Plaintiff

2. Basic facts

A. On December 10, 2015, the Defendant leased the building indicated in the attached list (hereinafter “instant building”) from the Plaintiff during the lease period of KRW 15 million, KRW 5 million per month, and KRW 500,000 per month from January 1, 2016 to January 1, 2018.

B. The Plaintiff was donated on December 9, 2015 from ASEAN, and completed the registration of ownership transfer on January 15, 2016.

C. The Defendant filed a lawsuit claiming the return of lease deposit and damages with the Plaintiff, etc. by asserting that he/she breached his/her duty under the lease agreement with the Gwangju District Court 2016dan3800, and the conciliation was concluded on May 3, 2016 as follows.

① The Plaintiff shall restore the instant building and its site to its original state approximately KRW 330 square meters.