1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Summary of the Plaintiff’s assertion;

2. The reasons why the court should explain this part of the defense before the merits are as follows: (a) in addition to the fact that “145,253,230 won” at the last stage of the judgment of the court of first instance is “141,294,840 won” at the same time as the corresponding part of the judgment of the court of first instance; and (b) thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the merits

A. In a case where contractual performance benefits not only the other party to the contract but also a third party, the contractual party who provided the performance may not file a claim for the return of unjust enrichment with the third party, in addition to claiming the other party to the contract for the return of unjust enrichment (see, e.g., Supreme Court Decisions 9Da66564, 66571, Aug. 23, 2002; 201Da48568, Nov. 10, 201). This legal doctrine likewise applies in a case where the performance is performed by business management.

Therefore, in addition to the claim for reimbursement of expenses, etc. pursuant to the provisions of the Civil Act, a person who managed a business on behalf of another person without any obligation cannot claim a return of unjust enrichment directly from another third party who actually profits from the management of the business.

(See Supreme Court Decision 2011Da17106 Decided June 27, 2013). B.

In full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 4, 5, 11 through 14, 18, 20, 27, and Eul evidence Nos. 1, 2, 3, 5, 7 through 14 (including evidence attached with serial numbers), the following facts may be acknowledged:

1. On June 1, 1994, on the Seongbuk-gu Seoul Metropolitan Government D ground, a building of three floors underground and nine floors above ground of reinforced concrete building, was newly constructed. Among the buildings, the building of three floors below ground and nine floors above ground is divided into the building of this case from the third to the fourth floor above ground and the apartment part from the fifth to nine floors above ground.

The registration of ownership preservation has been completed on June 30, 1994 with respect to the commercial part of this case as one object of ownership, and 108 items are thereafter located in the commercial part of this case.