1. The amendment of the claim of the Counterclaim in the trial of the party and the participation of the Lessee’s successor to the Counterclaim by each succession are included.

1. Scope of trial in the party trial after the process of lawsuit and remand;

A. At the first instance trial, the counterclaim Defendant sought reimbursement of KRW 1,173,084,00 and delay damages from the first instance trial to the counterclaim, and from the first instance trial to the second instance, part of the claim for restitution of the land of this case due to the cancellation of the contract of this case including KRW 1,173,084,00 and KRW 38,980 due to restitution to the original state following the cancellation of the contract of this case. Even if the special contract of this case was null and void due to the cancellation of the contract of this case, the above KRW 1,173,084,00 and delayed payment damages from the first instance trial to the second instance, on the ground that the aforementioned KRW 1,173,084,00 were illegal gains or beneficial expenses. Accordingly, the counterclaim rejected part of the claim of this case due to the cancellation of the contract of this case and the remainder of the claim of this case from the first instance to the second instance judgment to the removal and return of the warehouse facilities of this case from August 2, each of this case.

On the other hand, the counterclaim defendant appealed.

3) While dismissing the appeal by the counterclaim Defendant, the first instance court dismissed the appeal by the counterclaim Defendant, and subsequently, modified the part concerning the counterclaim in the judgment of the first instance following the reduction of the counterclaim by the counterclaim Plaintiff, and cited all of the primary counterclaim claims (the claim for delivery of land No. 1 and warehouse facilities of this case, and the claim for return of unjust enrichment). The first instance court appealed by the counterclaim Defendant. 4) The Supreme Court dismissed all of the appeals by the counterclaim Defendant regarding the “principal lawsuit” and “part of the counterclaim claim (request for delivery of land No. 1)” in the judgment of the first instance prior to remand.