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. The plaintiff filed a claim for the delivery of the instant house against the defendant and the co-defendant B and C of the first instance court, and filed a claim for restitution of unjust enrichment equivalent to rent or rent against the defendant. The first instance court partly accepted the claim for the delivery of the instant house, and entirely accepted the claim for restitution of unjust enrichment equivalent to rent or rent.

Accordingly, since only the defendant filed an appeal against the claim for return of unjust enrichment equivalent to the rent or rent in the judgment of the court of first instance, the subject of the judgment of this court is limited to the plaintiff's claim for return of unjust enrichment equivalent to the rent or rent.

2. The reasoning of the court's explanation as to this case is as follows, except for the case being cited or added as follows, the statement "1. Basic facts on the grounds of the judgment of the first instance (Articles 14 through 3, 7)" and "2.C. Unjust enrichment (Articles 7 and 17, 4, 7, 5, and 5)" are the same as the reasons of the judgment of the first instance, and therefore, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the 2nd page of the first instance judgment, "from September 30, 2008 to September 30, 2008" shall be deemed "from October 1, 2008 to "."

B. On the 3rd page 7 of the first instance judgment (based on recognition), “a fact having no dispute” is added to “a fact having no dispute.”

C. On the 4th instance judgment of the first instance court, the Defendant’s “Defendants” as “Defendants” and the “Defendant A and C” as “Defendants and Codefendant C of the first instance trial”, respectively.

Defendant B, “Defendant B,” and “Defendant B,” of the first instance court’s 5th sentence, 2, 6th sentence, and 8th sentence, are respectively raised to “Defendant B, Co-Defendant B,” and “Defendants” of the 9th sentence to “Defendant”.

3. In conclusion, the plaintiff's claim seeking payment of rent or unjust enrichment equivalent to rent is justified, and the judgment of the court of first instance is justified, and the defendant's appeal is dismissed. It is so decided as per Disposition.