1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff filed a claim for restitution of unjust enrichment against the Defendant, a request for surrendering each real estate of this case, and a claim for damages due to nonperformance of obligation and tort. The court of first instance partly accepted only the claim for damages due to tort and dismissed all the remaining claims.

Since the defendant appealed against this, this Court's judgment is limited to the claim for damages based on the above illegal act.

2. The reasons for the acceptance of the judgment of the court of first instance are as stated in the part concerning the defendant among the reasons for the judgment of the court of first instance, Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's claim for damages based on the plaintiff's illegal act against the defendant is justified within the extent of the above recognition and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is justified as the conclusion and it is dismissed as it is without merit. It is so decided as per Disposition.