1. Of the judgments of the first instance court, the following payments shall be requested:

1. In the first instance court’s trial scope, the Plaintiff’s private teaching institute filed a claim for the return of land transfer, rent payment, and unjust enrichment. Plaintiff B primarily sought the removal of each unauthorized building of this case and the delivery of the building of this case, and subsequently sought the return of rent and unjust enrichment while seeking the delivery of each unauthorized building of this case and the building of this case. The first instance court rendered a judgment that only accepted the claim for the delivery of land of Plaintiff’s private teaching institute and dismissed both Plaintiff B’s remainder of the claim and Plaintiff B’s claim.

With respect to the claim for return of rent and unjust enrichment by the Plaintiff’s private teaching institute, the Plaintiff filed each appeal against the respective unauthorized buildings of this case and the claim for delivery of unjust enrichment regarding the building of this case (the part of the previous conjunctive claim). Accordingly, the subject of the judgment of this court is limited to the part on which the Plaintiffs appealed.

2. Basic facts

A. The Plaintiff’s private teaching institute is the owner of the instant land, and Plaintiff B is the owner of the instant building, who is not registered on the ground of the instant land, with the reference of E, the president of the Plaintiff’s private teaching institute.

B. On the ground of the instant land, each of the instant unauthorized buildings constructed without obtaining permission, etc. under the Building Act, in addition to the instant building.

C. Around June 2000, the Defendant leased the instant land from the Plaintiff’s private teaching institute as KRW 1.5 million per annum. Around June 2000, the Defendant decided that the instant building was KRW 12 million per annum from the Plaintiff B, and each of the above lease agreements was not separately prepared without setting the lease term.

Since that time, the Defendant operated a restaurant with the trade name “G” using each of the buildings on the ground of the instant land.

Plaintiff

B and the Defendant, around June 16, 2014, shall be deemed as a lump sum payment made by the Defendant from the Plaintiff to the Plaintiff by July 10, 2017, in the case of the instant building and 1160 square meters of K forest land in Sejong Special Self-Governing City, with the rent of 12 million won per annum.