1. The defendant's appeal is dismissed.

2. Upon receiving the Plaintiff’s claim for return of unjust enrichment added at the trial, the Defendant.

1. Basic facts

A. On March 19, 1971, the Plaintiff completed the registration of ownership transfer with respect to shares of 6,520/6,630 of each land listed in the separate sheet (hereinafter “each land of this case”).

B. On September 1, 2013, the Plaintiff leased each of the instant land to the Defendant with a period of KRW 550,000 per month without a deposit for lease, from September 1, 2013 to August 31, 2014 without a deposit for lease.

(hereinafter referred to as “instant lease”) C.

The defendant is running the business of crushing aggregate in each land of this case, while placing aggregate and earth and sand on the ground of the land listed in the attached Table No. 2 of the attached Table.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Defendant asserts to the effect that, as a defense prior to the merits of this case, the part concerning the claim for return of unjust enrichment among the instant lawsuit was already withdrawn in the first instance trial, it is unlawful, as it was re-appealed in the appellate trial.

However, Article 267(2) of the Civil Procedure Act only prohibits re-instigation of a lawsuit after a final judgment has been rendered on the merits. As long as the final judgment on the above claim for return of unjust enrichment was not rendered in the first instance trial, the plaintiff can add the above claim to the extent that it reaches the trial (which is deemed to be an incidental appeal to the extent that it becomes disadvantageous to the defendant). The defendant's prior defense on the merits is without merit.

3. Judgment on the merits

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on August 31, 2014 after the expiration of the period.

Unless there are special circumstances, the defendant collects aggregate and earth and sand on the ground of the land listed in attached Table 2 to the plaintiff, deliver each land of this case to the plaintiff, and return unjust enrichment from September 1, 2014, which is the day following the termination of the lease of this case.