1. Of the judgment of the court of first instance, the part concerning the principal lawsuit and the counterclaim, including the claim for a principal lawsuit as modified by the court.

1. 이 법원의 심판범위 위와 같이 제1심에서 원고는 본소로 주위적으로 이 사건 각 소유권이전등기의 각 말소등기절차 이행청구를, 예비적으로 정산금 청구를 하였고, 피고는 반소로 원고에 대하여 이 사건 각 토지의 차임청구, 이 사건 각 토지의 인도완료일까지의 차임 상당 부당이득반환청구, 이 사건 각 토지 중 반소 청구취지 기재 ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ 부분 토지(이하 위 토지 부분을 ‘ㅅ 등 토지 부분’이라 하다)의 인도청구를 하였다.

The first instance court dismissed all of the plaintiff's main and conjunctive claims, and dismissed the claim for the delivery of land, such as the rent claim, 777, etc., among the defendant's counterclaims, and accepted the claim for the return of unjust enrichment from the date when the delivery of the land is completed, such as 777, etc.,

Accordingly, the Plaintiff only appealed against the part of the first instance judgment dismissing the Plaintiff’s principal claim and the part accepting the claim for return of unjust enrichment among the Defendant’s counterclaim, and thus, the subject of this court’s judgment is limited to the above part of appeal

2. Basic facts

A. Each of the instant lands (the following part of “F”, “E” portion, and “E” portion, the number of each land is specified) was registered in the name of the Plaintiff. However, each of the instant lands registered in the name of the Plaintiff on November 16, 200, on which November 16, 2000, the registration of ownership transfer was completed for the Defendant’s trade on November 1, 200.

FE G

B. On August 22, 1997, the registration of ownership transfer was completed in the name of the limited partnership company H, the representative member of the Plaintiff on August 8, 2002, the Plaintiff’s spouse completed the registration of ownership transfer on August 2, 2002 under the name of the Plaintiff’s spouse on August 2, 2002.

[Reasons for Recognition] No. 1-1, 2, the purport of the whole pleadings

3. The parties' assertion

A. The plaintiff.