1. Of the part concerning the preliminary principal claim in the judgment of the court of first instance, the following amount exceeding the amount ordered to be paid.

1. Scope of adjudication of this court;

A. In the first instance court, the Plaintiff sought the return of KRW 220,00,000, which is the market price of the apartment of this case, as the preliminary unjust enrichment return, from the implementation of the procedure for the registration of ownership transfer of the real estate indicated in the attachment (hereinafter “the apartment of this case”) around the Defendant. The first instance court dismissed the above main claim and accepted only the claim as to the purchase funds for the apartment of this case and the acquisition expenses for the apartment of this case, including the acquisition tax and the registration tax, and the damages for delay. The remainder of the conjunctive claim was dismissed.

B. As to this, the Defendant filed an appeal against his losing part, and at the same time, filed a counterclaim seeking the delivery of the apartment of this case at the trial prior to remand. The Plaintiff filed an incidental appeal only for the part against which he lost among the conjunctive claim and reduced the claim for the preliminary appeal.

The court of the first instance prior to remand accepted part of the plaintiff's appeal and the defendant's simultaneous performance defense with respect to the conjunctive main claim part. At the same time, the defendant received the apartment of this case from the plaintiff, and at the same time, ordered the plaintiff to pay damages for delay of KRW 89,986,342 and 89,138,910 among them, and ordered the plaintiff to deliver the apartment of this case at the same time with respect to the counterclaim claim part, and the defendant appealed to the whole part against which he lost.

C. The Supreme Court partially accepted the Defendant’s appeal and reversed the part against the Defendant of the judgment prior to remand, and remanded it to this court. After remanding the case, the Defendant withdrawn the counterclaim on the ground that the Defendant received the instant apartment from the Plaintiff, and on the same ground, the Defendant withdrawn the simultaneous performance defense on the part of the conjunctive claim.

The plaintiff is therefore entitled.