1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except for the following modifications or addition of the judgment as stated in paragraph 2, and therefore, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The second to third (hereinafter referred to as "Land Compensation Act") shall be deleted from the judgment of the court of the first instance.

(2) The third 10,11th 10, and first 11th 11th 10 of the judgment of the court of the first instance shall be applied to each "Yacheon Branch of the Daejeon District Court".

2. The reasons why the Defendant’s exercise of the right to set-off does not constitute an abuse of rights as to set-off are added as follows:

Most of the plaintiff's assertion that the exercise of the right of set-off by the defendant constitutes abuse of rights is nothing more than the argument about whether the defendant's claim for return of unjust enrichment against the plaintiff constitutes abuse of rights, and since the plaintiff's obligation to return unjust enrichment against the defendant in the judgment of the previous suit in this case has become final and conclusive, it cannot be again asserted abuse of rights against the defendant who exercises the right of set-off for the same reason

In other words, among the plaintiff's assertion, ① there are real estate in the housing site development project zone B that has not yet been delivered to the defendant, ② there are practices that allow the free use of real estate in the housing site development project zone to the extent that the execution of the housing site development project does not interfere with the claim for unjust enrichment, ③ it is necessary to preserve the real estate for the market appraisal of the building or obstacles, ④ it is difficult to deliver the real estate to the project operator, ④ it occurs after the commencement date of expropriation.