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 reasoning of the court of first instance’s explanation concerning this case is as stated in the relevant part of the judgment of the first instance, except where the defendant added the following additional judgments, even if the defendant considered both the allegations and evidence supplemented by the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the defendant company did not possess the land of this case, and that the defendant company's claim against the defendant company for unjust enrichment equivalent to the delivery of the land and the overdue charge or the overdue charge is unjust.

However, the following circumstances, which are acknowledged by comprehensively taking into account the aforementioned evidence and evidence Nos. 6-9 and the overall purport of the pleadings, are as follows: (i) the Plaintiff, at the request of the Defendant Company, issued a tax invoice for monthly rent; (ii) around March 16, 2018, upon establishing and operating the Defendant Company, around March 16, 2018, after the payment of the Plaintiff Company; (iii) the Plaintiff refused to issue the tax invoice to the Plaintiff on the ground that the location of the Defendant Company is not the land in this case, but the representative is not B on the registry; and (iv) the Plaintiff’s representative appears to be merely the nominal representative at the time of the establishment of the Defendant Company; and (v) the Plaintiff’s principal office was registered as the location of the principal office at the time of the establishment of the Defendant Company (which was changed from March 19, 2018 to “Seoulcheon-gu G, Hho Lake-gu”; and (v) the Plaintiff’s land and the instant land that were occupied by the Defendant Company No. 28.