약정금(관리비)
1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. Basic facts
A. The Plaintiff, as an incorporated foundation that sells and manages cemeteries for the purpose of the installation, maintenance, and management of a park cemetery, created a so-called So-called So-called So-ri, the 67-1 Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, for the purpose
B. On July 10, 1986, Nonparty B entered into a graveyard use contract (hereinafter “instant graveyard use contract”) with the Plaintiff and Yongsan Park (hereinafter “C(9p)”) with respect to KRW 1,400,000 with respect to “C(9p)” (hereinafter “instant cemetery use contract”).
C. Meanwhile, in the application form for graveyard and the cemetery register managed by the Plaintiff, the Defendant’s father’s remains are indicated as buried on May 8, 198.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. 1) The Plaintiff’s claim is Nonparty B, but in light of the fact that the Defendant’s name and personal information are indicated in the application form and the cemetery register, the party to the instant cemetery use contract shall be deemed the Defendant. Therefore, the Defendant is obliged to pay KRW 1,989,700 for the unpaid management expenses of the instant cemetery according to the instant cemetery use contract. 2) The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant is liable to pay the management expenses for the use of the instant cemetery use contract as the party to the instant cemetery use contract, and there is no other evidence to support this.
Therefore, the plaintiff's above assertion is without merit.
B. Since the contract for the use of the cemetery of this case, the plaintiff filed a claim for the amount equivalent to management expenses due to administrative management and return of unjust enrichment has been managed as a good manager until now, the defendant is obligated to reimburse the expenses for administrative management under Article 739 of the Civil Act to the plaintiff or is equivalent to management expenses.