1. The defendant's appeal concerning the reversed and remanded part of the judgment of the first instance (the part requesting the delivery of a building) is dismissed.

2...

1. After remanding the case, the Plaintiff filed a claim against the Defendant for the delivery of the store of this case and the payment of money (the amount of delayed rent and unjust enrichment equivalent to rent) as stated in the purport of the claim, and the first instance court accepted the claim for the delivery of the store of this case, and partly accepted the claim for the payment of money.

On the judgment of the first instance court, only the defendant appealed, but the trial prior to remand partially accepted the defendant's simultaneous performance defense and modified the judgment of the first instance, and rendered a judgment dismissing the rest of the claim.

In this regard, only the defendant appealed, but the Supreme Court reversed the part against the defendant in the judgment before remand and remanded it to the trial court.

According to the process of the lawsuit, the monetary payment claim portion is determined as it is without filing an appeal against the judgment against the plaintiff in the judgment against the plaintiff prior to remand, and the scope of the trial after remand is limited to the request for delivery of the store of this case.

2. Basic facts

A. On July 2, 2007, the Plaintiff leased the instant store to Da, one hundred and thirty million won in lease deposit, two hundred and thirty million won in rent, and the term of lease from July 2, 2007 to July 2, 2012.

B. D received the delivery of the instant store from the Plaintiff and operated the frequency of H with the trade name “H”, and around March 2008, transferred the said frequency of business rights to the Defendant, one’s own Cho-man E and its wife, and around that time, the Defendant couple operated the “H” at the instant store.

C. After November 10, 2008, the Defendant entered into a lease agreement with the Plaintiff on the instant store (hereinafter “instant lease agreement”) with the following terms and conditions.

Real Estate Lease Agreement

1. The size of the store in this case with the indication of real estate: 10 million won of the lease deposit of 40 square meters of the building, and 1 million won of the rent.