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1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's conjunctive claim added by this court, the defendant.
Reasons
1. The reasoning of the court of first instance’s explanation concerning the instant case is as follows, and the reasoning of the court’s explanation is as stated in the reasoning of the judgment of first instance, except for the following determination as to the conjunctive claims added by the plaintiff in the trial, and as to the conjunctive claims added by the plaintiff in the trial, it is consistent with the reasoning of the judgment of first instance. As such, it is acceptable in accordance with
2. The portion to be dismissed or added is to add “the Plaintiff’s ownership” in the front of “attached Form 5” in the judgment of the court of first instance, and the “Expert D” in the 5th page 2 shall be read as “Expert J”.
The following shall be added to the 8th page of the first instance judgment:
As to this case’s building, the Defendant had established a sales contract between the Plaintiff and the Defendant according to the exercise of the right to demand the purchase of ground property regarding this case’s building, and the Defendant’s right to occupy and use the instant real estate while refusing to deliver the instant building and the instant first real estate, which is its site, until the purchase price is paid by the Plaintiff, the Defendant asserts that there was no right to return unjust enrichment to the Plaintiff. However, in a site lease for the purpose of ownership of a building or other structure, even if the lessee may refuse to deliver the relevant ground building after exercising the right to demand the purchase under Article 643 of the Civil Act, after the lessee exercised the right to demand the purchase under Article 643 of the Civil Act, until he is paid the purchase price, the amount equivalent to the rent for the site is returned as unjust enrichment that the lessee continued to occupy and use the relevant site through the occupancy and use of the building (see, e.g., Supreme Court Decision 9Da60535, Jun. 1,
3. Determination on the conjunctive claim
A. Although the lease contract on each of the instant real estate, which was the ancillary cause, has been terminated at the end of 2014, the Defendant shall be either the 3 through 8 real estate from January 1, 2015 to December 31, 2016.