1. Request for the delivery of a part of the judgment of the first instance, excluding those established by the judgment prior to remand;

1. After remanding, the Plaintiff filed a claim for damages based on a tort, a claim for the transfer of land, and a claim for the return of unjust enrichment equivalent to rents against the Defendant. The first instance court accepted only part of the claim for damages based on a tort, and fully accepted the claim for the transfer of land and the claim for return of unjust enrichment equivalent

The defendant appealed against the part against the defendant in the above judgment, and the plaintiff appealed against the plaintiff in the above judgment.

The appellate court prior to the remand dismissed both the defendant's appeal and the plaintiff's incidental appeal.

The defendant appealed against the above judgment. The Supreme Court accepted part of the defendant's appeal, reversed and remanded the claim for land transfer and the claim for return of unjust enrichment equivalent to the rent, and dismissed the remainder of the appeal.

Therefore, since the Supreme Court's dismissal of the claim for damages became final and conclusive, the scope of the judgment of this court after remand is limited to the claim for the delivery of the land that was reversed and remanded and the claim for the return of unjust enrichment equivalent to the rent (see Supreme Court Decision 96Da2187, Apr. 14, 1998). 2.

A. On January 14, 198, the Defendant newly constructed a building listed in paragraph (1) of the attached Table (hereinafter referred to as “instant building”) on the ground that was divided into the land before subdivision on June 11, 2010, on the ground of Jinju-si, Jin-si (hereinafter referred to as “land before subdivision”). The Defendant completed the registration of ownership preservation in the name of the Defendant by constructing a building listed in paragraph (1) of the attached Table (hereinafter referred to as “instant building”).

B. Around January 2002, the Plaintiff was operating the hospital by leasing the first floor of the instant building from the Defendant. However, the Defendant, on July 9, 2002, as to the land before subdivision, the remainder of 414.3 square meters (hereinafter referred to as “instant neighboring land”) among the land before subdivision, and the instant neighboring land is the land remaining after subdivision on June 11, 2010.