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1. The judgment of the first instance court, including the claims reduced and expanded in the trial, shall be modified as follows:
In this case.
Reasons
1. Of the instant lawsuit, the Plaintiff filed the instant lawsuit against the Defendant seeking “the delivery of real estate stated in the main text-B (hereinafter “instant real estate”) and return of rent and unjust enrichment from March 27, 2017 to the completion date of delivery of the instant real estate, and delayed damages from the part that occurred until December 27, 2017,” which was deemed lawful in accordance with the application for modification of the purport of the claim and the cause of the claim as of May 23, 2019.”
However, on February 7, 2019, after filing an appeal, the Plaintiff sought “the delivery of the instant real estate, the return of the rent and unjust enrichment from March 27, 2017 to January 26, 2019, and the delayed damages therefrom,” thereby reducing or expanding the purport of the claim (the damages for delay on rent or unjust enrichment from December 28, 2017 to January 26, 2019). On May 23, 2019, the Plaintiff sought damages for “the delivery of the instant real estate, the return of the rent and unjust enrichment from March 27, 2017 to the completion date of delivery of the instant real estate, and the delay from January 26, 2019.”
Therefore, the part seeking money calculated at the rate of 450,00 won per month from January 27, 2019 to the completion date of delivery of the real estate of this case, which was reduced and expanded in the trial among the instant lawsuit, constitutes a case where the Plaintiff partly withdrawn the lawsuit after having been sentenced to a final judgment and again brought a lawsuit, and thus, it is unlawful in violation of the principle of prohibition of re-instigation under Article 267(2) of the Civil Procedure Act.
2. Determination on the remainder of the claims
A. 1) In fact, C is the real estate listed in the separate sheet on May 14, 2015 (hereinafter “instant building”).
(2) On May 14, 2015, C is a person who has completed registration of initial ownership relating to the instant building, and C is to enter into a lease contract and manage the instant building with the Plaintiff, and the Plaintiff.