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 revoked.

1. In the first instance trial, the Plaintiff claimed against the Defendant for the amount of KRW 1,914,00 for damages due to nonperformance of obligation, and KRW 6,85,210 for unjust enrichment. The court of first instance accepted KRW 6,85,210 in the Plaintiff’s claim against the Defendant, and rendered a ruling of dismissal of the remainder.

Accordingly, since only the defendant appealed against the defendant among the judgment of the court of first instance, the scope of the judgment of this court is limited to the part of 6,855,210 won which the defendant is dissatisfied with.

2. Facts of recognition;

A. On July 30, 2014, the Plaintiff purchased the 3rd floor building in Gyeyang-gu Seoul (hereinafter “instant building”) in the process of compulsory sale by official auction. On October 30, 2014, the Plaintiff registered the real estate rental business on November 1, 2014 to the head of the Dongyang-gu District Tax Office.

B. On August 31, 2014, D, the Plaintiff’s father, entered into a construction contract for remodeling the instant building (hereinafter “instant construction”) with KRW 63,00,000 (a contract deposit of KRW 15,700,000, value-added tax separate), on behalf of the Plaintiff, as the introduction of E, one’s own land, and the period of construction from August 31, 2014 to September 30, 2014; and the construction cost was KRW 63,00,000 (a contract deposit of KRW 15,70,000, value-added tax); and the name of the contractor as a reduction construction (hereinafter “self-construction”).

C. F subcontracted the original part of the instant construction to the Defendant.

Since then, F could not issue a tax invoice to the plaintiff in the name of the reduced construction due to the circumstances of the reduced construction.

D under an agreement with F, remitted total of KRW 31,00,000 to the Defendant’s name account, KRW 5,000,000 on September 22, 2014, KRW 10,000 on September 25, 2014, KRW 12,00,000 on October 8, 2014, and KRW 4,000,000 on October 28, 2014.

E. On October 30, 2014, the Plaintiff and the Defendant: (a) the construction period from August 30, 2014 to October 30, 2014; (b) the construction cost is KRW 110,00,000; and value-added tax is KRW 11,00,000; and (c) the standard subcontract agreement for construction works, which are KRW 11,00,000,000, 2014.