1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The pertinent Plaintiff is the owner of No. 302 Dong 101 (hereinafter “instant real estate”) among “D,” which is a multi-household house on land other than Changwon-si, Changwon-si, Masan-si, and the Defendant is the owner of the said No. 202 (hereinafter “instant 202”), who temporarily resided in the instant real estate as the owner of said No. 202 (hereinafter “instant 202”).

B. The Defendant entered into a contract on October 5, 2012 that purchased the instant subparagraph 202 from Nonparty E on the flood of 202 and the Defendant’s temporary residence in the instant real estate. However, on April 13, 2013, the instant subparagraph 202 was flooded due to the occurrence of water pollution. (2) On April 29, 2013, the Plaintiff entered into a contract on the purchase of the instant real estate from Nonparty E with Nonparty E on April 29, 2013, and the Plaintiff decided to temporarily reside in the instant real estate only one month due to the repair under subparagraph 202 of the instant subparagraph.

C. A dispute over the instant real estate residence 1) Although one month has elapsed since the Defendant agreed to temporarily reside in the instant real estate, the Plaintiff did not bring the instant real estate to the Defendant, and the Plaintiff filed a lawsuit against the Defendant claiming for the name of the building as the Changwon District Court Branch Branching 2013Kadan1167, and the said court on October 15, 2013 in the said court (hereinafter referred to as “instant conciliation”) stating that “the Defendant shall deliver the instant real estate to the Plaintiff by December 31, 2013.”

(2) However, the Defendant did not deliver the instant real estate to the Plaintiff by December 31, 2013. Ultimately, the Plaintiff applied for compulsory execution against the instant real estate on April 21, 2015, based on the instant protocol of mediation, and the said compulsory execution was completed on May 15, 2015.

【Ground for recognition】 The fact that there is no dispute, Gap's 1 through 5, Eul's 1, the purport of the whole pleadings and arguments

2. Determination

A. One account of whether the obligation to return unjust enrichment exists, the Defendant, upon the instant conciliation, decided to deliver the instant real estate to the Plaintiff by December 31, 2013, and the Defendant continued to comply with the instant conciliation.