1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The Plaintiff, as an incorporated foundation that sells and manages cemeteries for the purpose of the installation, maintenance, and management of a park cemetery, has created a D Park in the G of the wife population C and has sold and managed the cemetery.

On March 8, 1977, the Defendant filed an application with the Plaintiff for the use of a cemetery with respect to “Special Zone 60” (hereinafter “instant cemetery”) within the D Park.

The defendant's mother E was buried in the cemetery of this case around November 27, 1985.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. When the primary assertion Defendant entered into a contract on the use of the cemetery of this case, he agreed to make advance payment every five years, and accordingly the Plaintiff managed, maintained and repaired the cemetery of this case. Accordingly, the Defendant is obliged to pay the sum of the unpaid management expenses, KRW 2,139,700, and damages for delay.

B. Even if the agreement on the payment of management expenses is not acknowledged among the conjunctive claimant's family affairs and the original defendant, since the plaintiff was responsible for managing the cemetery of this case as a good manager up to now, the defendant is obligated to reimburse the plaintiff the expenses equivalent to the management expenses of this case pursuant to Article 739 of the Civil Act, or the plaintiff was provided with the service of managing the cemetery without any legal grounds, thereby incurring losses equivalent to the management expenses, and the defendant was obligated to return them as unjust enrichment.

3. Determination as to the cause of action

A. Examining the determination as to the primary claim, it is insufficient to recognize that the Defendant, solely based on the evidence submitted by the Plaintiff, was the party to the instant cemetery use agreement, or, even if the Defendant is the party, agreed to the advance payment of cemetery management expenses every five years at the time of the said cemetery use agreement, and evidence to acknowledge otherwise.