1. The part of the claim filed after January 2, 2015 in the future performance of the instant case shall be dismissed.

2. The defendant shall be the plaintiff.

1. Basic facts

A. On December 17, 2014, the Plaintiff entered into a sales contract with Da and ASEAN-si (hereinafter “instant orchard”). On January 22, 2015, the Daejeon District Court: (a) concluded that the Plaintiff purchased the instant orchard 935 square meters (hereinafter “instant orchard”); and (b) completed the registration of ownership transfer as the receipt No. 4088, Jan. 22, 2015; and (c) acquired the ownership of the said real estate by completing the registration of ownership transfer.

B. From December 1, 1985, the defendant occupies the orchard of this case.

C. On January 22, 2015, D transferred to the Plaintiff the right to claim restitution of unjust enrichment due to the possession of the instant orchard against the Defendant, and granted the Plaintiff the right to notify the assignment of claims to the Defendant, and the duplicate of the instant complaint stating the purport of the notification of the assignment of claims reaches the Defendant on May 18, 2016.

[Reasons for Recognition] No dispute between the parties or significant facts in this Court, Gap evidence Nos. 1, 4, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to whether the Plaintiff’s future claim for return of unjust enrichment is lawful

A. The problem at issue is whether the part of the instant lawsuit, which the Plaintiff acquired ownership of the instant orchard, sought unjust enrichment equivalent to the monthly rent from January 2, 2015 to the date of transferring the instant orchard to the Plaintiff, is legitimate or not.

B. In order to render a judgment ordering future performance of relevant legal principles, not only the time the performance period of an obligation comes in the future, but also the time the cause of nonperformance remains until the time of the closing of argument, which can be determined at the time of the closing of argument. If the period of liability is uncertain and it is impossible to be determined at the time of closing of argument, a judgment ordering future performance

(See Supreme Court Decision 2000Da37517 delivered on June 14, 2002). C.

The defendant gains substantial benefits by using or benefiting from the instant orchard.