1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff sought delivery of real estate and return of unjust enrichment stated in the purport of the claim against the Defendant. The first instance court accepted only the claim for delivery of real estate and dismissed the claim for return of unjust enrichment.

Accordingly, the Defendant appealed against the part of the claim for delivery of real estate. Accordingly, the subject of this Court’s adjudication is limited to the above cited part of the claim for delivery of real estate.

2. Basic facts

A. The relevant Plaintiff is an incorporated foundation established for the purpose of creating and maintaining a park cemetery, maintaining and managing charnel facilities, funeral halls, and crematoriums, and operating a park cemetery under the name of “H” in C and G ground-based graveyard-related facilities (a charnel) (hereinafter “instant charnel”).

The defendant is a company with the purpose of analyzing rights, such as comprehensive consulting business, auction, etc., and acting as an agent for acquisition mediation.

B. On July 31, 2009, the Plaintiff and the Defendant entered into an agreement on the development agency (PM) with the following content (hereinafter “instant development agency agreement”).

Article 2 (Projects Eligible) The outlines of projects covered by this Agreement shall be as follows:

1. Name of the project: The roles and duties of a person related to the project who participates in the projects subject to the project under Article 3 (Roles of Persons Related to the Projects) (1) of the A Foundation Charnel Construction Corporation (tentatively named) shall be as follows:

1. The plaintiff's roles and duties

(a) Securing project sites;

(b) Actual performance of authorization and permission business;

(c) Other matters agreed upon in the subsequent contract.

2. The defendant's roles and duties

(a) Affairs related to the selection of a contractor and the commencement of a project;

(b) Affairs related to the sale and marketing of charnel houses;

(c) Article 4 (Delegation of Agency Affairs) (1) The plaintiff shall, at the same time as this contract, delegate the authority to perform agency affairs to the defendant with respect to all of the development agency affairs as prescribed in Article 3.