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1. Revocation of the judgment of the first instance that was modified by the reduction of the purport of the claim in the trial.
2. All of the plaintiff's claims.
Reasons
1. Basic facts
A. On June 3, 1998, the Plaintiff completed the registration of ownership transfer with respect to the building listed in attached Form No. 2 (hereinafter “instant building”) and owns it up to now.
B. The defendant is the father’s former president E and the deceased’s former dean of the International University (JJ) operated by the plaintiff, who is the deceased’s former president, and the deceased’s deceased H.
C. As to the co-defendant E of the first instance trial, the Plaintiff filed a claim for the delivery of the instant building and the return of unjust enrichment equivalent to the rent of the instant building. On December 6, 2014, the decision in lieu of the following adjustment became final and conclusive as of December 6, 2014:
E delivers the instant building 2 to the Plaintiff by January 31, 2015.
The plaintiff waives the remainder of claims against E.
The Plaintiff previously filed a lawsuit against the Defendant as Changwon District Court 2006Da54319 against the Defendant seeking delivery of the instant building and return of unjust enrichment equivalent to the rent of the instant building. The Plaintiff’s claim was dismissed on January 8, 2009, as the Defendant was not recognized in the appellate court judgment rendered on January 23, 2009 (No. 2008Na12358, Changwon District Court 2008) and rendered on January 23, 2009. The said judgment became final and conclusive around that time.
(hereinafter “previous Litigation”). 【Ground for Recognition” No. 1-2, No. 2-1, No. 4-2, and No. 2-1, and the purport of the whole pleadings and arguments
2. Summary of the parties' arguments
A. On January 10, 2006, the Defendant concluded a security contract for the instant building No. 2 with ADT closure Co., Ltd. and started to occupy the building.
Although a decision in lieu of conciliation became final and conclusive on December 6, 2014 between the Plaintiff and Co-Defendant E of the first instance trial to deliver the instant building No. 2 by January 31, 2015, the Defendant occupied the building by maintaining a security contract by December 2015, and keeping the current key.